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Consumer Protection

Dealing with Abusive Creditors? –Understand the Florida Consumer Collection Practices Act

By March 15, 2022No Comments

By: Orestes Garcia

The Florida Consumer Collection Practices Act (FCCPA) is the Florida version of the Federal Debt Collection Practices Act (FDCPA) addressed in our prior blog entry. The FCCPA does contradict anything in the FDCPA but supplements it. It adds more requirements and limitations on debt collectors. The majority of the additions in the Florida law relate to specific regulations debt collectors must comply with to operate in Florida and how those regulations are enforced.

For example, the FCCPA declares that debt collectors cannot communicate with a debtor between the hours of 9 p.m. and 8 a.m.[1] The FCCPA also provides more details over how debt collectors cannot misrepresent themselves as being associated with an attorney or authorized by any government entity.[2] Additionally, debt collectors must identify themselves or who they represent if asked by a debtor.[3]

The FCCPA provides also civil remedies for damages resulting from a debt collector’s intentional violation of the law.[4]

These laws are designed for the benefit of everyday consumers. The federal government and Florida government acknowledged the imbalance of power and resources commonly seen between debt collection companies and individual consumers. Because individuals now have rights to not be harassed, abused, or lied to some balance can be regained.

If you feel like you are being bullied by abusive debt collection practices, your rights may be getting violated and you could be entitled to civil remedies.

Please contact a debt collection attorney in Miami at (305) 570-2208 or email attorney to explore your options against abusive debt collectors.

[1] § 559.72(17) Fla. Stat.

[2] § 559.72(10) Fla. Stat.

[3] § 559.72(15) Fla. Stat.

[4] § 559.77 Fla. Stat.

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