Florida’s Consumer Collection Practices Act (FCCPA) is a state law designed to protect consumers from abusive, deceptive, and unfair debt collection practices. The Act applies broadly to anyone who attempts to collect a consumer debt, including third-party debt collectors, collection agencies, and original creditors. This makes the FCCPA more expansive than the federal Fair Debt Collection Practices Act (FDCPA), which generally applies only to third-party collectors. The FCCPA is intended to ensure that debt collection efforts are conducted in a lawful and respectful manner.

Under the FCCPA, debt collectors are prohibited from engaging in conduct that harasses, intimidates, or abuses consumers. This includes using threats of violence, obscene or profane language, repeatedly calling with the intent to harass, or contacting a consumer at inconvenient times, such as late at night or early in the morning. Collectors are also prohibited from communicating with a consumer in a way that could reasonably be expected to shame or embarrass them, such as disclosing the debt to third parties.

The Act also forbids collectors from using false, deceptive, or misleading statements in connection with the collection of a debt. For example, a collector may not falsely claim to be an attorney or government representative, misrepresent the amount or legal status of a debt, threaten legal action that cannot legally be taken, or attempt to collect a debt that the collector knows is not legitimate. These provisions are meant to prevent consumers from being coerced or misled into paying debts under false pretenses.

In addition, the FCCPA restricts unfair collection practices, such as attempting to enforce a debt when the collector knows the debt is not owed, using post-dated checks improperly, or communicating directly with a consumer who is known to be represented by an attorney. The Act also requires collectors to respect a consumer’s right to dispute a debt and prohibits collection efforts that ignore valid disputes or legal protections.

Consumers who are harmed by violations of the FCCPA have the right to bring a civil lawsuit against the violator. Available remedies may include actual damages, statutory damages, punitive damages in certain cases, and recovery of attorney’s fees and court costs. Because of its broad scope and strong consumer protections, the FCCPA serves as a powerful tool for Florida consumers to challenge improper debt collection practices and hold collectors accountable under state law.