Collections / FDCPA

The attorneys at Anderson Law Group have successfully represented debt collection companies in defense of lawsuits involving the Fair Debt Collection Practices Act (“FDCPA”) and the Florida Consumer Collection Practices Act (“FCCPA”). Generally, the FDCPA prohibits debt collectors from taking certain actions, including but not limited to, harassing debtors, making false statements to debtors when attempting to collect a debt, making false threats against debtors such as threatening arrest or legal action for which the debt collector is not authorized to take, providing false information about debtors to others, failing to validate debts, and committing other unfair practices such as attempting to collect interest, fees, or other charges on top of the amount that the debtor owes under contract or state law. Under the FDCPA, a “debt collector” is defined as someone who regularly collects debts owed to others. The definition includes collection agencies, attorneys who collect debts on a regular basis and companies that buy delinquent debts and then try to collect those debts.

The FCCPA prohibits similar actions by debt collectors as those covered under the FDCPA. Under the FCCPA, the term “debt collector” is defined as any person who uses any instrumentality of commerce within Florida, whether initiated from within or outside of Florida, in any business the principal purpose of which is the collection of debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notably, the term “debt collector” includes any creditor who, in the process of collecting her or his own debts, uses any name other than her or his own which would indicate that a third person is collecting or attempting to collect such debts.

Whether a lawsuit has been brought against you or your company involving alleged violations of the FDCPA or the FCCPA or whether you are seeking advice regarding compliance under the same, it is important to retain a law firm that is experienced with the consumer collection laws and FDCPA and FCCPA litigation. The attorneys at Anderson Law Group work aggressively and diligently to develop a strategy that fits the unique circumstances and goals of our clients, and our attorneys will work closely with you to develop solutions that best resolve your legal needs with a vision towards future compliance under the FDCPA and FCCPA and future dispute resolution. Importantly, in defending claims brought under the FDCPA and FCCPA, the attorneys at Anderson Law Group will fully investigate whether you are in compliance and advise you as to all factual and procedural defenses available to you. Litigating lawsuits under the FDCPA and FCCPA, or avoiding lawsuits altogether by creatively developing strategies to resolve issues pre-suit, requires clear communication between you and the law firm hired to represent and defend your interests. At Anderson Law Group, the interests of our clients is our highest priority, and everything we do is designed to provide cost-effective legal services to those who entrust us to do so. Anderson Law Group has built the experience and the results that our clients expect.

If you wish to speak with an attorney at Anderson Law Group regarding a lawsuit or potential claims arising under or compliance with the FDCPA and FCCPA, please contact Anderson Law Group toll free at (877) 234-3920.