If a debt collector chooses to ignore your requests to limit or stop calls to your cell phone, you may be entitled to hold them accountable and seek a recovery under consumer rights law. The Fair Debt Collection Practices Act (“FDCPA”) and the Florida Consumer Collection Practices Act (“FCCPA”) provide that even if a debt is owed, it should be collected with decency. A related law, the Telephone Consumer Protection Act (“TCPA”) restricts how debt collectors and other companies can call your cell phone using an automated telephone dialer.
A violation of your consumer rights under the FDCPA, FCCPA, and TCPA turns the tables against the debt collector—YOU can sue THEM for their violation! A FDCPA and FCCPA violation can require the debt collector to pay you $1,000.00 in statutory damages for each law, plus actual damages, attorney fees, litigation costs, and, in some circumstances, punitive damages. In some situations, debt collectors in violation of the FDCPA may also waive the underlying debt, or even delete negative credit reporting. A TCPA violation can require the debt collector to pay $500.00 - $1,500.00 PER CALL that was placed in violation of the statute.