Collections law involves utilizing various legal theories to collect a debt. Claims may be based upon express contracts, both written and verbal, or contracts implied by law. Other claims may be equitable, rather than contractual in nature, such as unjust enrichment.
Debts may be commercial or consumer in nature. Creditors attempting to collect consumer debts must comply with the federal Fair Debt Collection Practices Act as well as the Florida Fair Debt Collection Practices Act, or be subject to liability for violations.
Commercial debts are not governed by the federal or state Fair Debt Collection Practices Act, but collection methods are not unfettered. Unethical collection practices may subject the creditor to counterclaim for defamation or invasion of privacy.