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Florida/Second Round Sub/Medical Debt/How-To Guides/How to File an FDCPA Complaint Against a Debt Collector
5 Steps · Florida Law

How to File an FDCPA Complaint Against a Debt Collector

For Florida residents dealing with Second Round Sub on medical debt

Step-by-step guide to filing FDCPA complaints with the CFPB, FTC, and your state attorney general. This guide applies the steps specifically to Florida's laws and Second Round Sub's documented collection practices for medical debt accounts. In Florida, the statute of limitations on medical debt is 5 years and wage garnishment is limited to Head of household exempt.

5 years

Florida Statute of Limitations

$2,459

Average Medical Debt

Head of household exempt

Garnishment Limit

Known Second Round Sub Violations

Second Round Sub has a documented record of FDCPA violations. If any of these occur during your Florida collection dispute, document them and file immediately.

  • Collecting debts they cannot substantiate
  • Failing to cease collection after dispute
  • Inaccurate credit bureau reporting

How to File an FDCPA Complaint Against a Debt Collector — Step by Step

Steps customized for Florida law, medical debt rules, and Second Round Sub's collection patterns.

1

Identify the specific violations

Common FDCPA violations: calling outside 8am-9pm hours, using profane language, threatening arrest, misrepresenting the debt amount, contacting your employer after being told to stop, or continuing collection after a written dispute.

2

Gather documentation

Collect: call logs with dates and times, voicemail recordings, letters received, certified mail tracking numbers and green cards, and any written communication. The more documentation, the stronger your complaint.

3

File with the CFPB

Go to consumerfinance.gov/complaint. Choose 'Debt collection' as the category. Be specific about dates and violations. CFPB forwards complaints to the collector who must respond within 15 days. Collectors take CFPB complaints seriously.

4

File with your state attorney general

Many states have their own debt collection laws with additional protections. Your state AG can take enforcement action. File at your state's AG consumer protection division website.

5

Consider filing a private lawsuit

FDCPA allows you to sue in federal court within one year of the violation for $1,000 per violation plus actual damages plus attorney fees. Many consumer rights attorneys take these on contingency — you pay nothing upfront.

Medical Debt Dispute Strategies in Florida

These strategies apply to medical debt specifically. 80% of medical bills contain errors. The No Surprises Act protects against out-of-network surprise bills. Medical debt can't appear on credit reports for 365 days.

  • Request itemized bill with CPT codes
  • Check for No Surprises Act violations
  • Apply for hospital financial assistance
  • Dispute errors line by line
  • Negotiate — hospitals accept 40-60% routinely
Relevant laws: No Surprises Act, 42 USC § 300gg-111 (balance billing), FDCPA if in collections, State surprise billing laws

How to Handle Second Round Sub Specifically

  • Second Round buys deeply discounted debt — negotiate aggressively
  • Demand full validation including original creditor statements
  • They often settle for 10-20% of face value

Florida Debt Collection Laws

Florida Consumer Collection Practices Act governs debt collection in Florida in addition to the federal FDCPA. To file a complaint: AG Consumer Protection.

Key Florida Protections:

  • Head of household wages FULLY exempt from garnishment
  • Unlimited homestead exemption
  • State debt collection act applies to original creditors
Income exempt from garnishment in Florida: Social Security, Wages (if head of household), Workers' comp, Disability, Retirement

Key Tips

CFPB complaints are public — collectors know unresolved complaints affect their record
State AG complaints are especially powerful in states with their own debt collection acts
NACA (consumeradvocates.org) provides free referrals to consumer rights attorneys nationwide

Frequently Asked Questions — Florida

Can Second Round Sub garnish my wages in Florida?

In Florida, wage garnishment is capped at Head of household exempt. The following income is protected: Social Security, Wages (if head of household), Workers' comp, Disability, Retirement. Second Round Sub must first obtain a court judgment through proper legal process before any garnishment order can be issued.

What is the statute of limitations on medical debt in Florida?

The SOL for medical debt in Florida is 5 years. Once expired, Second Round Sub cannot win a court judgment even if the debt is real. You must raise the SOL as an affirmative defense in your Answer if sued — never ignore a lawsuit.

What law governs Second Round Sub's collection activity in Florida?

Florida Consumer Collection Practices Act applies in Florida alongside the federal FDCPA. Complaints can be filed with AG Consumer Protection. Head of household wages FULLY exempt from garnishment

How do I dispute medical debt with Second Round Sub?

Send a certified validation letter within 30 days of first contact. Demand the original creditor name and full chain of assignment. Second Round Sub must stop all collection activity until they validate. If they fail to validate, file complaints with the CFPB and AG Consumer Protection.

Related Resources

Florida Debt LawsSecond Round Sub in FloridaMedical Debt · FloridaSecond Round Sub ViolationsMedical Debt GuideAll How-To Guides

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