Due to the current state of the economy, the inability to pay certain debts and the resulting practice of debt collection are increasing. Unfortunately, the individuals and companies on both sides of this battle seldom understand their rights and obligations under Federal and Florida State laws.

The Federal and Florida State laws concerning debt collection practices provide specific rules explaining the alleged debtor’s rights and duties and describing the conduct which is prohibited or required by the creditor (or collection agency) while trying to collect the alleged debt. For instance, regardless of whether the underlying money is owed, the debtor may take certain action to limit “harassing” communications or calls from a collection agency. On the other hand, a collection agency that plays by the rules will usually avoid the statutory pitfalls and obtain a judgment relatively quick.

Debt collection practices are governed by the Federal Fair Debt Collections Practices Act, which is located at 15 USC § 1692, et esq.  However, Florida also has its own law pertaining to debt collection. The Florida law is known as the Florida Consumer Collection Practices Act, and it is located in the Florida Statues at sections 559.55 through 559.785. Generally, the collection agency and the alleged debtor are responsible for compliance with both the Federal and Florida State laws.