No, a debt collector may not harass you in Florida. Here is where the law draws the line

No. Florida law bars anyone collecting a consumer debt from calling you or your family so often, or acting in a way, that can reasonably be expected to harass or abuse you.

TL;DR: Florida law protects you from debt collectors who go too far. A collector may not call you or your family so often that it can be expected to harass you. A collector may not use cursing or abusive words. A collector may not call you between 9 p.m. and 8 a.m. unless you said that was OK. The law sets no fixed number of calls. Courts look at how often the calls came and why. If a collector breaks these rules, you have two years to sue.

Florida has its own debt collection law. It is called the Florida Consumer Collection Practices Act, or FCCPA. The rules on harassment are in Section 559.72, Florida Statutes. This article explains where Florida draws the line. If you live outside Florida, your state's rules and federal law may differ.

Can a debt collector harass you in Florida?

No. Under Florida's law, a person collecting a consumer debt may not willfully contact you or your family so often that it can reasonably be expected to harass you. The law also bars other conduct that can reasonably be expected to abuse or harass you or your family.

These rules do not only apply to collection agencies. They apply to any person trying to collect a debt from a consumer, and that includes the original creditor. They also protect a person who is only said to owe the debt. Florida appeals courts have held both of these things.

How many calls is too many?

Florida's law does not set a number. It asks whether the calls came so often that they can be expected to harass you. A federal court in Florida has held that a court must look at why the calls were made, not only how often. Some people believe the law allows a set number of calls a day. Florida's law has no such number.

Here is how some courts have ruled on the facts in front of them:

• A Florida appeals court held that seven calls to a co-signer over six months were not harassing.
• A federal court in Florida held that repeated calls after many requests to stop were enough to bring a claim.
• A federal court in Florida held that 132 automated calls over eight months did not break the law. In that case the person never spoke with the collector or told it to stop.

Federal courts applying Florida's law have also held that a harassment claim needs proof that the collector acted with knowledge or intent.

What else counts as harassment?

Florida's law covers more than the number of calls. A collector may not use cursing, crude, or abusive words with you or your family. The law calls this profane, obscene, vulgar, or willfully abusive language.

There is also a time rule for calls. A collector may not call you between 9 p.m. and 8 a.m. in your time zone, unless you agreed to it first.

What happens if a collector breaks the rules?

Florida law lets you file a lawsuit against a collector who breaks these rules. You have two years from the violation to take legal action. A court can award your actual losses. It can also award up to $1,000 more, called statutory damages, plus court costs and legal fees. Statutory damages are money a court can award for breaking the law, even without proof of a loss. The court may also award punitive damages, or order the collector to stop.

Some people think you can only sue if you lost money. Under Florida's law, you do not need to prove actual losses to bring the claim. But there is a risk on the other side too. If a person sues and the court finds there was no real legal issue in the case, the person can end up paying the collector's legal fees.

For other Florida guides on this topic, see all of our debt defense guides. You may also want to read what a debt collector must send you when it first calls and what to do in the first 30 days after Midland Funding sues you.

What this article does not cover

This article explains Florida's rules on harassing calls and conduct. It leaves some things out on purpose:

• Federal debt collection harassment rules, such as those under the Fair Debt Collection Practices Act (FDCPA). That includes any federal limits on the number of calls. Florida's law sets no fixed number of calls.
• Whether a collector must stop calling once you ask. In Florida's cases, a request to stop is one fact a court weighs, not a rule on its own.
• Whether the 9 p.m. to 8 a.m. rule covers e-mail. This article speaks only about calls.
• Student loans.
• Being sued over the debt, wage garnishment, and time limits on the debt itself.
• How to dispute the debt, credit reporting, or whether you should pay the debt.

It also does not say whether what is happening to you breaks the law. It describes the rules.

Frequently asked questions

Educational only. Not legal advice.

Nothing here is legal services or advice about your situation. I am not available to represent you or to review your case. Reading this article does not create an attorney-client, fiduciary, or advisory relationship. Consumer debt-collection law and court procedures and consumer-protection statutes vary by state. Verify every rule, deadline, and remedy against the law where you live. If you have a problem like the one described above, the strongest protection is a consumer-debt-defense attorney licensed in your state. Many consumer-protection statutes include fee-shifting and damages multipliers, which often makes representation affordable.