The FCCPA: How Florida's Debt Collection Law Protects You

If a debt collector or a company you originally owed money to has been calling you at all hours, threatening you, or contacting your family and coworkers, you may have rights under more than one law. Most people have heard of the federal Fair Debt Collection Practices Act (FDCPA). Far fewer know that Florida has its own, broader law called the Florida Consumer Collection Practices Act (FCCPA), which in some ways protects you more than the federal statute does.

The single most important thing to understand is this. The FCCPA can apply to the original creditor, meaning the bank, lender, or company you actually owe, not just third-party debt collectors. The federal FDCPA usually cannot. If you live in Florida and a creditor or collector has crossed the line, the FCCPA may be your strongest tool.

What the FCCPA Is

The Florida Consumer Collection Practices Act is codified at Fla. Stat. §§ 559.55 to 559.785. It is Florida's state-level answer to abusive debt collection, and the Florida Legislature designed it to work alongside the federal FDCPA rather than replace it.

The heart of the law is Fla. Stat. § 559.72, which lists the specific tactics a person collecting a debt is forbidden from using. The remedies, meaning what you can sue for and recover, are set out separately in Fla. Stat. § 559.77.

Florida courts read the FCCPA in a way that is consistent with the FDCPA where the two overlap, but the FCCPA reaches conduct and parties the federal law does not. That difference is where a lot of Florida consumers find leverage they did not know they had.

The Big Difference: the FCCPA Can Reach Original Creditors

Under the federal FDCPA, the term "debt collector" is generally limited to third parties collecting debts owed to someone else, such as collection agencies, debt buyers, and collection law firms. A bank collecting on its own credit card, or a lender chasing its own loan, usually falls outside the FDCPA's definition.

The FCCPA is written more broadly. Section 559.72 applies to any "person" collecting a consumer debt. Florida courts have applied that language to original creditors, not just third-party collectors. In practice, that means a Florida consumer harassed by the company they originally borrowed from may have an FCCPA claim even when an FDCPA claim is not available.

This is the practical reason the FCCPA matters so much in Florida. It closes a gap that leaves many consumers in other states without a remedy.

What the FCCPA Prohibits

Section 559.72 lists conduct that is off-limits when collecting a consumer debt in Florida. Among the prohibited practices, a collector may not:

• Simulate, in any manner, a law enforcement officer or a representative of any governmental agency.

• Use or threaten force or violence, or disclose to a third party information affecting the debtor's reputation when the collector knows or has reason to know that the other party has no legitimate business need for the information or that the information is false.

• Communicate with the debtor's employer before obtaining a final judgment, except under limited circumstances the statute allows.

• Disclose the existence of a debt the collector knows is reasonably disputed by the debtor without also disclosing that the debt is disputed.

• Willfully communicate with the debtor or any member of their family with such frequency as can reasonably be expected to harass, or willfully engage in other conduct that can reasonably be expected to abuse or harass.

• Use profane, obscene, or otherwise abusive language.

• Claim a legal right that the collector knows does not exist, or assert the existence of a legal right that does not exist.

This is a summary, not the full list. Section 559.72 contains additional prohibitions, and a single course of conduct can violate more than one of them.

What You Can Recover

Remedies are governed by Fla. Stat. § 559.77. A consumer who proves a violation may recover:

• Actual damages, meaning your real losses, which can include emotional distress damages in appropriate cases.

• Statutory damages of up to $1,000, meaning additional damages the court may award even when actual damages are small.

• Attorney's fees and court costs, meaning a successful consumer's reasonable fees and costs are recoverable, which is what makes it economically possible to pursue these cases.

• Punitive damages, which are available in appropriate cases under the statute.

In setting the amount of statutory damages, the court weighs factors including the frequency and persistence of the collector's conduct, the nature of the violations, and the extent to which the noncompliance was intentional. Intent affects how much you recover. It is not a wall you must clear just to bring a claim.

FCCPA vs. FDCPA: Which Applies to You?

For most Florida consumers, the answer is often "both." When a third-party debt collector violates the rules, the same conduct frequently breaches both the federal FDCPA and the Florida FCCPA, and a consumer can pursue claims under each.

The split matters most at the edges:

• Third-party collector (collection agency, debt buyer, collection law firm): potentially liable under both the FDCPA and the FCCPA.

• Original creditor (the bank or company you first owed): usually outside the FDCPA, but potentially liable under the FCCPA.

Because the laws overlap but are not identical, the strongest cases are often built on both at once. You can learn more about the federal side on our FDCPA practice page and about Florida debt-collection issues generally on our debt collection hub.

How to Act if You Think the FCCPA Was Violated

If you believe a creditor or collector has crossed the line, a few steps protect your rights and strengthen a potential case:

1. Document everything. Keep a log of every call, including date, time, number, and what was said. Save voicemails, text messages, letters, and emails. A pattern of calls at unusual hours or after you asked them to stop is powerful evidence.

2. Do not ignore deadlines. An action under § 559.77 must be commenced within two years of the date the violation occurred. Waiting too long can extinguish an otherwise strong claim.

3. Be careful what you admit. You do not have to acknowledge that you owe a debt to assert that the collection conduct was illegal. The two questions are separate.

4. Talk to a consumer-protection attorney before you settle. Because the FCCPA shifts attorney's fees to a violating collector, you can often pursue a claim at little or no out-of-pocket cost.

When to Retain an Attorney

Many FCCPA cases are handled on a contingency basis, meaning the attorney is paid out of the recovery or through the statute's fee-shifting provision rather than by you up front. That structure exists precisely because the Legislature wanted ordinary consumers, not just those who can afford a lawyer, to be able to enforce the law.

It usually makes sense to speak with a consumer-protection lawyer when the conduct is repeated, when a collector is contacting third parties or your employer, when you are being threatened, or when the same behavior continues after you have asked it to stop. A lawyer can tell you quickly whether the facts fit the statute and whether both FCCPA and FDCPA claims are available.

Talk to a Florida Consumer-Protection Attorney

If a debt collector or original creditor in Florida has harassed, threatened, or lied to you, the FCCPA may give you a real remedy, including money damages and the collector paying your legal fees. To find out whether your situation qualifies, request a free case review and a consumer-protection attorney will review the facts with you.