Best Practices for Consumer Debt Collection

By: Kevin R. Gowen


This article appeared in the "Consult the Counsel" special advertising section in the Orlando Business Journal on June 1, 2018.

The Florida Consumer Collection Practices Act protects consumers from unlawful debt
collection practices by any person, including a first-party creditor. Some statutory guidelines for lawful collection of consumer debt are:
  • Do not communicate with the debtor between the hours of 9 p.m. and 8 a.m. in the debtor’s time zone without the prior consent of the debtor.
  • Do not use or threaten force of violence, use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family.
  • Do not impersonate an attorney by using false letterhead or other false legal forms or instruments.
  • Do not communicate with the debtor or his family with harassing frequency or otherwise engage in abusive or harassing conduct.
  • Do not claim, attempt, or threaten to enforce a debt you know to be illegitimate, or assert the existence of some other legal right when you know that the right does not exist.
© Rumberger Kirk & Caldwell Attorneys At Law Web site hosted on the FirmWise platform