FDCPA Attorney Coral Gables — Debt Collector Harassment Lawyer | Vindex Privatus
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The Sword — Consumer Litigation

Fair Debt Collection Practices Act Attorney

15 U.S.C. § 1692 et seq.

Debt collectors have rules. When they break them — harassing you, threatening you, contacting your family — federal law gives you the right to sue. We make them pay.

What Is the FDCPA?

The Fair Debt Collection Practices Act is a federal law that regulates how third-party debt collectors can communicate with consumers. Enacted in 1977, it prohibits abusive, deceptive, and unfair debt collection practices. It applies to anyone who regularly collects debts owed to another — collection agencies, debt buyers, and collection attorneys.

Under the FDCPA, collectors cannot call you before 8am or after 9pm, cannot use profane or abusive language, cannot threaten actions they cannot legally take, and cannot contact third parties about your debt (with limited exceptions). The law evaluates violations from the perspective of the "least sophisticated consumer" — meaning even if a threat seems implausible to a lawyer, it may still be actionable if it could mislead an unsophisticated person.

Critically, the FDCPA contains a fee-shifting provision. When you win, the collector pays your attorney's fees. This means there is zero out-of-pocket cost to you — the company that broke the law funds the enforcement.

Common FDCPA Violations

Debt collectors frequently cross legal lines. Here are the violations we see most often.

Calling at Prohibited Hours

Collectors calling before 8:00 AM or after 9:00 PM in your time zone. Each call at a prohibited time is a separate violation.

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Third-Party Contact

Contacting your family, friends, neighbors, or employer about your debt. The FDCPA strictly limits who a collector can contact.

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False Threats & Misrepresentations

Threatening lawsuits they won't file, wage garnishment they can't execute, or arrest for a civil debt. These are per se violations.

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Failure to Validate Debt

Collectors must send written validation within 5 days of first contact. Failure to provide this notice, or continuing collection during a 30-day validation period after a dispute, violates the Act.

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Continued Collection After Dispute

Once you dispute a debt in writing, the collector must cease collection until they verify the debt. Continuing to call or send letters during this period is unlawful.

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Abusive or Profane Language

Using obscene language, threats of violence, or repeatedly calling with intent to annoy or harass. The FDCPA prohibits all forms of oppressive conduct.

What You Can Recover

FDCPA violations can result in significant damages, all paid by the collector.

$1,000
Statutory Damages
Per lawsuit under § 1692k. Available without proving monetary loss.
Uncapped
Actual Damages
Emotional distress, lost wages, medical expenses, and other tangible harm caused by the collector's conduct.
$0 to You
Attorney's Fees
The collector pays your lawyer. Federal law mandates fee-shifting for successful FDCPA claims.
$500K+
Class Actions
In class actions, statutory damages up to the lesser of $500,000 or 1% of the collector's net worth.

How We Help

From case evaluation to recovery, we handle everything.

1

Free Case Review

We review your call logs, collection letters, voicemails, and texts to identify every FDCPA violation.

2

Evidence Preservation

We help you document ongoing violations — recording calls (where legal), saving letters, and logging contact attempts.

3

Demand & Litigation

We send a demand or file suit in federal court. Most collectors settle quickly once they realize you have counsel.

4

Resolution & Recovery

You recover damages, the harassment stops, and the collector pays our fees. Your debt may also be resolved in the process.

Frequently Asked Questions

The FDCPA has a strict 1-year statute of limitations from the date of the violation. This is one of the shortest deadlines in consumer law. If a collector violated your rights, time is critical — waiting too long means losing your right to recover entirely.
No. The FDCPA only applies to third-party debt collectors — companies collecting debts owed to someone else. However, Florida's FCCPA (Fla. Stat. § 559.72) does cover original creditors. If your bank or credit card company is engaging in abusive collection, we can pursue claims under state law. We often file both federal and state claims together.
Absolutely. The FDCPA protects you regardless of whether the underlying debt is valid. Owing money does not give a collector the right to harass, threaten, or deceive you. Your rights under the Act are independent of the debt itself.
Harassment includes calling repeatedly with intent to annoy, using profane language, threatening violence, publishing your name on a "deadbeat list," and calling at unreasonable hours. Courts apply the "least sophisticated consumer" standard — if the conduct could intimidate or mislead a vulnerable consumer, it likely qualifies.
$0. The FDCPA mandates that a successful plaintiff recovers attorney's fees from the defendant. You pay nothing out of pocket — not for the consultation, not for the litigation, not for the resolution. The collector pays.

Think You Have an FDCPA Case?

Debt collectors count on consumers not knowing their rights. If you're being harassed, threatened, or deceived, the law is on your side.