Skip to content

Practice Area

Debt Collection Harassment

As the former lead litigator for a large collection firm, Stephen M. Bernhardt knows exactly how to attack a debt collector's case and protect your rights.

Florida Debt Collection Harassment Attorney | Consumer Protection Under the FCCPA & FDCPA

If a debt collector is calling you at work, threatening you, leaving voicemails with third parties, or demanding money on a debt that isn’t yours — you may have rights under federal and Florida consumer protection laws. At Bernhardt Riley, Attorneys at Law, PLLC, our attorneys represent Florida consumers facing debt collection harassment and unfair collection lawsuits. Our managing partner, Stephen M. Bernhardt, is a former lead litigator for a large collection firm — so he knows exactly how collection cases are built and where they fall apart.

We represent clients throughout Tampa, Clearwater, Palm Harbor, Destin, St. Petersburg, and all of Florida in collection harassment, FCCPA and FDCPA actions, and defense of car loan and credit card or financed purchase lawsuits.

How Federal & Florida Law Protect Consumers

Two primary statutes govern what debt collectors can and cannot do when contacting Florida consumers:

1. Florida Consumer Collection Practices Act (FCCPA) — Fla. Stat. § 559.55 et seq.

The FCCPA is one of the stronger state-level consumer protection statutes in the country. Unlike the federal FDCPA, the FCCPA applies to any person collecting a consumer debt — including the original creditor, not only third-party collectors. Key prohibited conduct includes:

  • Communicating with a debtor at their place of employment after being told the employer prohibits such calls
  • Contacting a debtor who is represented by an attorney without going through that attorney
  • Willfully communicating with a debtor or family member with such frequency as to constitute harassment
  • Willfully engaging in conduct that can reasonably be expected to abuse or harass the debtor
  • Using profane, obscene, vulgar, or willfully abusive language
  • Claiming, attempting, or threatening to enforce a debt the collector knows is not legitimate
  • Asserting a legal right the collector knows does not exist
  • Using or threatening force or violence
  • Disclosing to third parties information affecting the debtor’s reputation

2. Fair Debt Collection Practices Act (FDCPA) — 15 U.S.C. § 1692 et seq.

The FDCPA applies primarily to third-party debt collectors and debt buyers. Prohibited conduct overlaps substantially with the FCCPA and includes:

  • Calling before 8:00 a.m. or after 9:00 p.m. local time
  • Communicating with third parties about the debt (with limited exceptions)
  • Misrepresenting the amount or legal status of a debt
  • Threatening actions that cannot legally be taken or are not actually intended
  • Continuing to contact a consumer who has demanded written communication only
  • Failing to validate the debt after a proper written dispute

Damages under both statutes can include actual damages, statutory damages, and attorney’s fees, which often means consumers can pursue these claims at little or no out-of-pocket cost.

Common Debt Collection Harassment Scenarios We Handle

Collection companies are governed by strict rules and regulations. These regulations are intended to protect consumers from deceptive and harassing collection efforts. Violations may occur if collection companies:

  • Contacted you after you requested not to be contacted (in writing or verbally)
  • Contacted you in a manner you specifically asked them not to use — for example, calling after you asked for written communication only
  • Threatened you in any manner whatsoever, including threats of arrest, jail, wage garnishment, or lawsuit that the collector cannot legally pursue
  • Insulted you or used abusive or profane language
  • Implied that there is a possibility you could go to jail if the debt is not paid
  • Called you late at night or early in the morning (before 8 a.m. or after 9 p.m.)
  • Called your work, or other individuals you know, and disclosed the reason for the call
  • Misrepresented the amount or nature of the debt (including added fees, interest, or inflated balances)
  • Called you after you have hired an attorney and the collector has notice of representation
  • Continued to attempt collection on a debt that has been discharged in bankruptcy
  • Tried to collect on a debt past the statute of limitations as if it were still enforceable

There are many other ways collection companies violate federal or state acts put in place to protect consumers. If any of these apply to you, preserve your records and consult an attorney.

Debt Collector Lawsuits: Common Defenses

Many collection lawsuits filed in Florida — particularly those filed by debt buyers who purchased old portfolios — face serious evidentiary challenges. Common defenses in collection litigation include:

  • Lack of standing — the plaintiff cannot prove ownership of the debt through a clean chain of assignment from the original creditor
  • Inadequate account documentation — missing cardmember agreements, periodic statements, or a sworn account reconciliation
  • Statute of limitations — Florida’s limitations period for open account and written contract claims may have expired
  • Improper service of process
  • Hearsay problems with business records affidavits
  • Calculation disputes — balance, interest, and fees not supported by documentation
  • Consumer law counterclaims — FCCPA, FDCPA, or FDUTPA claims that offset or exceed the alleged debt

A well-prepared defense can change the leverage in a collection case substantially. Our team has successfully defended and resolved collection claims using these and other strategies. See our related page on winning a debt defense case.

What to Do If You’re Being Harassed by a Debt Collector

If you believe a collector is violating the FCCPA or FDCPA, the first steps are usually:

  1. Save every voicemail, letter, email, and text from the collector.
  2. Log every call — date, time, number, and what was said.
  3. Do not admit a debt or make a payment on a contested account until you know what you owe and to whom.
  4. Request written validation of the debt, in writing, within 30 days of the collector’s first communication.
  5. Tell the collector, in writing, to stop contacting you if the harassment continues.
  6. Consult a consumer-protection attorney to evaluate your rights and possible claims.

Types of Collection Cases We Handle

Our debt defense team represents consumers in all categories of collection and consumer-credit disputes, including:

  • Car loan deficiency claims after repossession
  • Credit card lawsuits and financed-purchase disputes
  • Medical debt collection and billing errors
  • Student loan collection harassment (private loans)
  • Time-barred debt sued on after the statute of limitations has expired
  • Identity theft and mistaken-identity collection
  • Debt-buyer lawsuits (Portfolio Recovery, Midland Credit, LVNV, Cavalry, etc.)
  • Garnishment and post-judgment collection defense

Frequently Asked Questions About Florida Debt Collection Harassment

What counts as debt collection harassment in Florida?

Under the FCCPA and FDCPA, harassment includes repeated calls intended to annoy, abuse, or harass; threats of jail or arrest; calls at prohibited hours; disclosure of the debt to third parties; and continued contact after you’ve asked the collector to stop or sent written notice. Specific facts determine whether a violation occurred.

Can a debt collector call me at work?

Under the FCCPA, a collector may not contact you at work after being told your employer prohibits such calls. The FDCPA also restricts workplace contact in similar circumstances. Put any do-not-call request in writing so you have proof.

Can a debt collector threaten to have me arrested?

No. It is a violation of both the FCCPA and the FDCPA to claim, imply, or threaten that a consumer can be arrested, jailed, or criminally prosecuted for nonpayment of a consumer debt. Florida does not have debtor’s prisons.

How long does a debt collector have to sue me in Florida?

Limitations periods depend on the type of debt. Florida has specific limitations for actions on written contracts, open accounts, and promissory notes. Because limitations rules can be fact-sensitive and the law changes, consult an attorney to evaluate the specific facts of your case.

Do I have to pay a debt that is past the statute of limitations?

A debt past the statute of limitations is often described as “time-barred.” A collector may still attempt to collect on such a debt informally, but a lawsuit is subject to a limitations defense. Making a partial payment or written acknowledgment of a time-barred debt can, in some circumstances, affect limitations analysis — so consult counsel before you do.

What damages can I recover for debt collection harassment?

Both the FCCPA and the FDCPA allow for actual damages, statutory damages, and attorney’s fees and costs. In many cases this means a consumer can pursue a harassment claim with little or no out-of-pocket cost.

Can you help if I have already been sued by a debt collector?

Yes. We defend collection lawsuits filed by original creditors, debt buyers, and their attorneys. The earlier you engage counsel, the more options you typically have — including motions to dismiss, standing challenges, discovery strategy, and potential counterclaims.

What is the difference between the FCCPA and the FDCPA?

The FDCPA is federal and applies mainly to third-party debt collectors and debt buyers. The FCCPA is Florida state law and applies more broadly, including to original creditors, which provides Florida consumers with stronger protection than federal law alone.

Stop the Harassment — Call Us Today

If you are being harassed by a collection company — or if you have been sued by a debt collector — call us today at (727) 275-9575. Our team will review the facts, the collector’s conduct, and any lawsuit already on file, and help you understand your options under Florida and federal law.

Serving Tampa, Clearwater, Palm Harbor, Destin, St. Petersburg, and all of Florida.

Discuss Your Case Call (727) 275-9575