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Can Collectors Continue Calls After Debtor Retains Counsel?

The collection calls keep coming in. You spoke to an attorney and told the collections company that you’re represented by an attorney regarding the debt, but the calls persist.

Welcome to the protections of the Florida Consumer Collection Practices Act, also known as the FCCPA. This act seeks to work in chorus with the Federal “Fair Debt Collection Practices Act.” The goal of these laws is to protect debtors from false, harassing and unfair collections practices. Over the years, courts decided thousands of cases on the subject of the FDCPA and related protection laws. It’s nearly impossible to list all the forms of misconduct that have arisen. However, we can look to the FCCPA for help.

Florida Statute 559.72 states that in collecting consumer debts, no person shall… “(18) Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the debtor’s attorney fails to respond within 30 days to a communication from the person, unless the debtor’s attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication.”

While both the FCCPA and FDCPA disallow contacting persons represented by an attorney, regarding the debt, the FCCPA goes a step further and eliminates a “reasonable time” and specifying 30 days. This provides certainty in litigation and removes an ambiguity. However, that’s why it’s also important to select someone who is prompt and timely in responding to issues in your case.

That’s exactly why Dolman Law takes such a strong stance against harassment and promises to protect our clients from bill collectors. If you experience further contact after retaining counsel, notify your attorney immediately so that they may further advise you.

Matthew A. Dolman, Esq., is your Clearwater creditor harassment attorney. If you have been harassed by creditors look to a Clearwater attorney well versed in the intricacies of the FCCPA.