letsfightback
October 6th, 2002, 09:53 PM
I spoke with someone at the Floida Division of Consumer Services last week about the harassing letters being received, and I was given the number for the Florida Department of Banking and Finance. I spoke with them and they said that the Law firm sending letters out in Florida, is acting as a Collection Agency, and has to follow the Florida's Deceptive And Unfair Trade Paractices Act. You can find this act at http://legal.firn.edu/consumer/tips/tipsdebt.html
Here is a quote from that Act:
"A debt collector may not use false statements, such as: falsely implying that they are attorneys, that you have committed a crime, or that they operate or work for a credit bureau or misrepresenting the amount of your debt, the involvement of an attorney in collecting a debt, or indicating that papers sent to you are legal forms when they are not."
They were particulaly interested in the mock lawsuit paperwork that has been sent out, and also the harassing nature of the first letter. So if any of you live in Florida and have received the first and second letter, please call the Florida Department of Banking and Finance, they can open up a case with you, and if we have enough complaints, this may be the way to stop all this harassment. In fact the end of the Act says:
"As of January 1, 1994, most consumer collection agencies operating in Florida must be registered with the Florida Department of Banking and Finance. If you have a question about whether the collection agency which has contacted you is properly registered, or if you wish to file a complaint against a collection agency, you may contact the Division of Consumer Services at (850) 488-2221 or (800) 435-7352. You may also file complaints with the Federal Trade Commission, Correspondence Branch, Washington, D.C. 20580. You may file suit against the collection agency for violating state and/or federal law. If you prevail, you may be awarded your actual damages, attorneys fees and costs."
Here are the other numbers to contact:
Florida Department of Banking and Finance 1-800-848-3792
Florida Bar Association 1-800-342-8011
Please contact them as soon as possible, send them your information and lets get these letters to stop, and stop this harassment.
Here is a quote from that Act:
"A debt collector may not use false statements, such as: falsely implying that they are attorneys, that you have committed a crime, or that they operate or work for a credit bureau or misrepresenting the amount of your debt, the involvement of an attorney in collecting a debt, or indicating that papers sent to you are legal forms when they are not."
They were particulaly interested in the mock lawsuit paperwork that has been sent out, and also the harassing nature of the first letter. So if any of you live in Florida and have received the first and second letter, please call the Florida Department of Banking and Finance, they can open up a case with you, and if we have enough complaints, this may be the way to stop all this harassment. In fact the end of the Act says:
"As of January 1, 1994, most consumer collection agencies operating in Florida must be registered with the Florida Department of Banking and Finance. If you have a question about whether the collection agency which has contacted you is properly registered, or if you wish to file a complaint against a collection agency, you may contact the Division of Consumer Services at (850) 488-2221 or (800) 435-7352. You may also file complaints with the Federal Trade Commission, Correspondence Branch, Washington, D.C. 20580. You may file suit against the collection agency for violating state and/or federal law. If you prevail, you may be awarded your actual damages, attorneys fees and costs."
Here are the other numbers to contact:
Florida Department of Banking and Finance 1-800-848-3792
Florida Bar Association 1-800-342-8011
Please contact them as soon as possible, send them your information and lets get these letters to stop, and stop this harassment.