The Florida Consumer Collection Practices Act

In Florida, consumers are protected from unscrupulous debt collection activities by both the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq. (FCCPA). The FCCPA was enacted to provide Florida consumers with additional protections to the requirements and safeguards of the FDCPA.

Crucially, whereas the FDCPA only provides protection from harassing debt collection activity by debt collectors, the FCCPA applies to “any person” and may be used to sue debt collectors, original creditors, or any other entity which attempts to collect consumer debts in the state of Florida.

The FCCPA bars any person collecting consumer debts in Florida from engaging in various collection activities including, but not limited to:

• Communicating with a consumer’s employer in most instances;
• Disclosing to a person other than the consumer or the consumer’s family information which might affect the consumer’s representation;
• Engaging in conduct which could reasonably be expected to harass a consumer; and
• Asserting the existence of a legal right when the person knows that right does not exist.