When clients come to Leavengood, Dauval & Boyle, P.A. for help with their debts, one of the services that are provided free-of-charge is the ability to refer debt collection calls – and the stress and anxiety that is associated with them – to our attorneys.  Once a creditor or debt collector knows that a consumer is represented by an attorney regarding a debt, they are prohibited from calling or writing that consumer in an attempt to collect the debt.  Specifically, the Florida Consumer Collection Practices Act (“FCCPA”) specifically prohibits debt collection from a consumer once an attorney is known to be involved and the creditor or debt collector has the attorney’s contact information. 

What is the FCCPA?

The FCCPA is a state law that, amongst other things, protects individuals from being contacted by creditors and debt collectors in their attempts to collect a consumer debt directly or indirectly from a consumer known to be represented by an attorney regarding such debt. Clients who retain Leavengood, Dauval & Boyle, P.A. for bankruptcy representation receive the free benefit of being able to refer their debt collection calls to their attorneys’ office and advise creditors and debt collectors to stop calling and writing them regarding the debt.  According to the FCCPA and its sister statute, the federal Fair Debt Collection Practices Act (“FDCPA”), once an attorney is involved, consumer debt collection in large part must stop.  To have a case under the FCCPA for unlawful debt collection from a represented consumer, one needs:

• A consumer debt (i.e., debt incurred primarily for personal, household or family use)
• Representation by an attorney regarding the consumer debt
• Knowledge of such attorney representation, specifically 
• Provide attorney contact information
• Further debt collection from consumer

Typically, creditors will turn the debt over to a debt collector for debt collection even after having knowledge of representation of an attorney.  In some cases, the creditor will simply just keep calling, writing letters or sending periodic billing statements in an attempt to collect the debt despite attorney involvement.  In any of these cases, the creditor’s actions are arguably unlawful debt collection and a violation of Florida’s debt collection laws.

A Jury Verdict:  Actual Damages & Statutory Damages Awarded

In a recent case filed by Leavengood, Dauval & Boyle, P.A., after liability was established, the Judge required a trial to go forward to determine (1) the amount of statutory damages up to $1,000, and (2) the amount of actual damages, if any, for GE Money Bank’s one hundred eighty (180) or more unlawful debt collection calls after having not only knowledge of Leavengood, Dauval & Boyle, P.A.’s representation of the consumer regarding his debts, but also the fact that the creditor knowingly kept calling the consumer after it had confirmed that the consumer had hired an attorney regarding the debt.

At trial, attorneys Ian Leavengood & Christopher Nash put on evidence to demonstrate GE Money Bank’s debt collection calls were knowingly, willfully and repeatedly placed to the consumer in an attempt to collect the debt in violation of the Florida Consumer Collection Practices Act.  At the close of their evidence, Leavengood, Dauval & Boyle, P.A. asked for maximum statutory damages ($1,000) under the FCCPA and $10 actual damages for each telephone call placed in violation of the FCCPA, or a total of $1,800.  The jury returned a verdict on damages in favor of the consumer for the maximum of $1,000 statutory damages and $5,000 actual damages—an amount 2.5 times higher than the amount requested at trial— and awarded attorneys’ fees and costs, the amount of which are scheduled to be determined at a hearing in the coming weeks. 

If creditors or debt collectors are calling you…..

            If you are receiving harassing debt collection calls, the FCCPA and FDCPA are laws here to protect you and your rights.  To not only stop the calls, but to potentially build a case against an aggressive creditor or debt collector, you should:

1. Capture information on EACH call, namely: Name, Date, Time of call, Phone Number called from, and What was said.
2. If you do not want them to continue to call, tell them as much.  Ask for a way to write to the creditor or debt collector to ask them to stop calling you.
3. Write the creditor or debt collector and ask them to stop calling you (e.g., so much
4.  If the creditor or debt collector keeps calling you, write down the call information in a Communication Log.
5.  If the creditor or debt collector sends you written communications in an attempt to collect the debt  (i.e., debt collection letters, periodic billing statements, etc.) save them.
6. Contact Leavengood, Dauval & Boyle, P.A. about your case.

Leavengood, Dauval & Boyle, P.A. will be happy to assist you in both assessing your case and will do so on a contingency basis. Additionally, if we believe that you have a strong case, we will actually advance costs that are required to bring and litigate such a case.  Please contact us if you feel you have a case for unlawful debt collection.  (727) 327-3328.   www.LeavenLaw.com