FDCPA Harassment Abuse Collections
Under the Fair Debt Collection Practices Act, or FDCPA, in 15 U.S.C., the statute strictly prohibits debt collection activity which is deemed harassment, or abusive. As seen in previous statutory sections, Section 1692d, has no definition for “harassment” or “abuse” to assist the debt collector. However, the FDCPA does provide specific prohibitions against the use of language that is profane, obscene, or other actions which is intended to harass, or oppress the consumer.
Ernest H. “Skip” Kohlmyer, III, Esq., LL.M, is a litigation attorney and shareholder with Urban Thier Federer & Chinnery, P.A. based in the Orlando office. His practice focuses primarily on insurance defense litigation relating to the Fair Debt Collection Practices Act (“FDCPA”), Florida’s Consumer Collection Practices Act (“FCCPA”), Fair Credit Reporting Act (“FCRA”), and/or the Telephone Consumer Protection Act (“TCPA”).
Mr. Kohlmyer represents collection agencies, debt buyers, Florida public entities in areas in land use, civil rights, constitutional law, consumer protection litigation, corporate and business law, insurance defense, and international business transactions.
In this CLE class clip Mr. Kohlmyer discusses FDCPA Harassment Abuse Collections.
Watch the Full Debt Collection Telephone Calls FDCPA & TCPA Compliance CLE Class
Ernest H. Kohlmyer, III, Esq., LL.M.
Urban, Thier, Federer & Chinnery, P.A.
200 South Orange Avenue, Suite 2000
Orlando, Florida 32801
As we see in Jeter V. Credit Bureau, Inc., 760F.2d 1168 (11th Cir, 1985) These such harassing actions include the threat of violence, calling repeatedly, or continuously. In some cases, a debt collector has been known to contact and harass neighbors of a debtor, to get the debtors attention. These are clear violations of federal statutes.
For more important information on FDCPA Harassment Abuse Collections, check out the full CLE class video by Ernest H. “Skip” Kohlmyer, III, Esq., LL.M.