Communications with a homeowner when a debt collector is aware that the homeowner is represented by counsel is a violation of the FDCPA. 15 U.S.C. 1692c(a)(2). This includes any mortgage servicer who has acquired a defaulted mortgage loan. It is also a violation of our Florida Consumer Collection Practices Act (“FCCPA”).
Furthermore, if the mortgage servicer is calling you constantly, take a moment and take one of their calls: tell them to stop calling your cell phone. This invokes protection under the TCPA (Telephone Consumer Protection Act). This protection from continued cell phone harassment can result in significant statutory damages of $500-$1500 per call.
Our Tampa, Florida law office, Arkovich Law, pursues violations of the FDCPA, FCCPA and TCPA for our clients who are delinquent in their mortgage or who have debt that is no longer enforceable such as when the statute of limitations has expired or a bankruptcy is filed.