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Florida Consumer Collection Practices Act (FCCPA)
The Florida Consumer Collection Practices Act (FCCPA) is Florida's version of the Fair Debt Collection Practices Act. The FCCPA differs from the FDCPA regarding the definition of a debt collector. The FCCPA includes and applies to original creditors whereas the FDCPA does not. The FCCPA applies only to "consumer debts" which require that the debt be primarily for personal, family or household purposes. A debtor may sue any debt collector violating the FCCPA within 2 years after the violation. If the debt collector is found to have violated the FCCPA, it could be liable to the debtor for statutory damages up to $1,000, actual damages, attorney fees and costs. Even if a debt collector is found to have violated the FDCPA, it may not be held liable if it is able to show by a preponderance of evidence that the violation was not intentional and resulted from a "bona fide error". (F.S. § 559.77(3)). The same factors considered under the FDCPA are considered under the FCCPA in determining the extent of liability:
Frequency. How often the violation occured or was repeated.​
Persistence. Whether or not the violation continued, especially in the case where the debt collector was requested to cease the particular action.​
Nature of Noncompliance. The more egregious the nature of the violation by the debt collector, the more likely the debt collector will be held liable. For example, if the consumer initiates contact with the debt collector, it will be unlikely that the debt collector will be held liable for frequent calls to the
​Intentional. If a consumer is able to establish that the violation occured despite being requested to cease or despite the debt buyer's claim that it had practices in place to prevent such a violation, the more likely the debt buyer will be held liable to the consumer for the violation.
The FCCPA specifies what is considered to be a debt collector violation as follows:
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Simulate in any manner a law enforcement officer or government agency representative.
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Use or threaten force or violence.
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Disclose or threaten to disclose a debt without disclosing the disputed nature.
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Communicate or threaten to communicate with a debtor's employer before obtaining a final judgment against the debtor.
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Communicate false information or information regarding the debt to any person who does not have a legitimate business need for the information.
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Willfully communicate with a debtor or debtor's family member with such frequency that may be considered harassing or engage in any other abusive or harassing conduct when dealing with the debtor or debtor's family member.
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Use of profane, obscene, vulgar or willfully abusive languange in communicating with the debtor or debtor's family.
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Claim, attempt or threaten to enforce a debt that is not legitimate.
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Use a communication that simulates legal or judicial process or that gives the appearance of being from a lawyer or government agency.
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Communicating in a manner that gives the false impression that the debt collector is associate with an attorney when he or she is not.
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Refusal to provide adequate idenfication of the debt collector and his or her employer.
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Send a postcard or envelope with words on the outside calculated to embarrass the debtor.
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Communicate with the debtor before 8 a.m. and after 9 p.m.
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Communicate directly with a debtor when the debt collector knows or should have known that the debtor is represented by an attorney unless the attorney does not respond to a communication within 30 days.
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If you think that a debt collector has violated the FCCPA, you need to thoroughly document all the communicates. If the violation occured during a telephone call, you will need to write down the date and time of day of the call, the name of the debt collector, the debt collector's telephone number and exactly what was said. If the violation did not occur during a telephone call, make sure to save all the documents related to the debt collection. Once you have gathered your proof, contact a consumer law attorney.
The information provided in this website and blog page is intended for informational purposes and should not be construed as legal advice. You should never rely solely on websites for legal information or advice and contact a licensed attorney with any questions you may have.