Do these rules apply if I really owe the money?

Yes. The rules are about how a debt is collected, not whether you owe it. A collector can break the law while collecting a debt that's completely valid.

The original bank is the one calling, not a collection agency. Does Florida law still apply?

Yes. Florida's collection law covers anyone collecting a consumer debt, including the original lender, hospital, or store. The federal law mostly covers collection agencies, debt buyers, and collection lawyers.

They told my family about my debt. Is that allowed?

Collection agencies and debt buyers generally can't discuss your debt with anyone but you, your spouse, and your lawyer, beyond asking how to reach you. Harassing your family is off limits for any collector. The details matter, so write down who was contacted and what was said.

Can a harassment claim help if I'm being sued?

Sometimes. Claims against a company that broke the collection rules can be part of the same case, and they can change how settlement talks go. They're worth reviewing alongside your defense.

Debt Collector Harassment in Florida? Know Your Rights

Debt collector harassment · Anywhere in FloridaA debt collector crossing the line? You can push back.

Owing money doesn't give anyone the right to harass you. Florida and federal law set rules for how debts are collected, and when a collector breaks them, you can sue. In Florida, those rules apply to the original bank or hospital too, not just collection agencies.

What collectors aren't allowed to do

Depending on who's collecting, these are generally off limits:

Calling before 8 a.m. or after 9 p.m., your time, unless you agreed to it.
Calling over and over to wear you down, or harassing your family.
Contacting you after they know you have a lawyer for the debt. They're supposed to deal with your lawyer instead.
Contacting your employer about the debt before they have a judgment, or discussing your debt with your coworkers, friends, or neighbors. Collection agencies generally can't discuss it with your relatives other than your spouse, either.
Threatening jail or arrest. You can't be arrested for owing a consumer debt.
Threatening to take property they have no right to take, or threatening violence.
Lying about what you owe, or adding fees or interest your agreement doesn't allow.
Pretending to be a lawyer, the police, or the court, or sending papers made to look like court documents when they aren't.
Trying to collect a debt they know isn't real.
Reporting false information to the credit bureaus. See credit report errors.

Robocalls to your cell phone

If a company called your cell phone with a recorded or robot voice without your permission, each call may be worth $500, and up to $1,500 if it was willful. Whether you gave permission, for example by listing your number on a credit application, and whether you took it back, makes a big difference. Write down when you told them to stop calling and how.

What you can recover

Your actual losses, which can include the stress and disruption the harassment caused.
Up to $1,000 in extra damages per lawsuit under Florida's collection law, and up to $1,000 more under the federal law when it applies, even if you can't show a dollar loss. In serious cases under Florida law, a court can also add punitive damages.
Your attorney's fees, paid by the company, if you win.

These claims have to be real. A court can make someone who brings a baseless claim pay the company's attorney's fees.

The time limits are short

Some of these claims must be filed within 1 year of what happened, and others within 2 years. If it's been going on a while, don't wait to find out which one applies.

What to do right now

Keep a log. Take screenshots of your call history, save voicemails, and keep every letter, text, and e-mail. Write down what was said, and when.
Don't secretly record calls. Florida generally requires everyone on a call to agree before it's recorded. Take notes instead.
Tell them in writing to stop. After a collection agency gets a written request to stop contacting you, it generally can only confirm that it's stopping or tell you about a specific step, like a lawsuit. Keep a copy.
Don't ignore a lawsuit. Asking a collector to stop calling doesn't stop a case in court. If you've been sued, see being sued for a debt.

What it costs

Claims against a collector that broke the rules are consumer protection claims. You don't pay me unless you win. I take these cases on contingency: no attorney's fees and no case costs owed to me unless you recover money. If a case is lost, a court can sometimes order the losing side to pay the other side's court costs, and some Florida laws, including the security deposit and deceptive practices statutes, also let the winner recover attorney's fees from the loser. I explain that risk before anything is filed, and every term is in a written agreement before you sign.

If you're also being sued over the debt, defending that lawsuit is different. The case review is free. Fees for defending a debt lawsuit depend on the case. I explain your options, and every term is in writing before you sign anything.

Debt collector harassment · Anywhere in FloridaA debt collector crossing the line? You can push back.