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Does Emailing a Debtor Between 9pm and 8am Violate the FCCPA?

Jimerson Firm

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. 17) relating to emails for collecting debt. This article seeks to explore whether sending an email to a debtor after 9pm and before 8am violates the FCCPA. 17) prohibits contacting a debtor between the hours of 9pm and 8am.

Debtor 59
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Recent Trends and Common Allegations in FCCPA Litigation

Jimerson Firm

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. Unlike the FDCPA, which only applies to debt collectors, the FCCPA applies to all persons or businesses collecting consumer debts. These lawsuits are typically based upon an allegedly improper 3-day notice sent to a tenant/debtor.

Debtor 59
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$225,000 Punitive Damages Award Upheld Where Creditor Repeatedly Contacted Customer After Being Notified of Attorney Representation

Troutman Sanders

The defendant offered a “pause” program that allowed the plaintiff to suspend service for up to nine months at a cost of $5 per month, which the plaintiff accepted. The plaintiff’s lawyer sent two faxes to the defendant providing notice that the plaintiff was represented by counsel.