By Stephanie Lane , Attorney Case Western Reserve University School of Law
Updated by Amy Loftsgordon , Attorney University of Denver Sturm College of Law
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In Florida, both the federal Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. §§ 1692 and following) and the Florida Consumer Collection Practices Act (FCCPA) regulate debt collectors. The FDCPA applies to every state and protects consumers from unfair and deceptive debt collection practices. The FDCPA also prohibits debt collectors from contacting you at certain times and places. Likewise, Florida's debt collection laws protect those whose debts are in collection.
Look Out for Legal Changes In this article, you'll find details on debt collection laws in Florida, with citations to statutes so you can learn more. Statutes change, so checking them is always a good idea. How courts and agencies interpret and apply the law can also change. And some rules can even vary within a state. These are just some of the reasons to consider consulting an attorney if you have questions about debt collection laws in your state.
The federal FDCPA limits what debt collectors can and can't do when attempting to get you to pay a debt. For example, the FDCPA prevents debt collectors from talking to third parties about your debt (subject to some exceptions), calling you at work when you tell them not to do so, and engaging in other tactics designed to harass, abuse, or mislead you into paying a debt. The FCCPA supplements the federal FDCPA and might provide you with even greater protection if you live in Florida.
The FCCPA prohibits both debt collectors and creditors from using certain types of abusive, deceptive, and misleading debt collection tactics. (Fla. Stat. § 559.55). The FDCPA, on the other hand, usually applies to collectors and some debt buyers, but not an original creditor unless it's using a different name that implies a third party is attempting to collect the debt. (15 U.S.C. § 1692a).
What Is a Debt Buyer? A "debt buyer" is a person or business that regularly buys debts from creditors and tries to collect them. Under the federal FDCPA, a debt buyer is considered a "debt collector" for the purposes of the law if it collects debts owed or due to another or the principal purpose of its business is collecting debts.
An unregistered debt collector might be subject to fines of up to $10,000, plus attorneys' fees and costs. But you don't have the right to sue a collection agency for failing to register.
Only Florida's Office of Financial Regulation of the Financial Services Commission has the authority to assess fines and enforce the registration requirements. Florida's attorney general can then file a lawsuit against that debt collector. (Fla. Stat. § 559.565).
The FCCPA prohibits creditors and debt collectors from engaging in abusive, harassing, unfair, fraudulent, deceptive, or misleading practices. Some actions that creditors and debt collectors can't do under the FCCPA include:
If you think a debt collector is harassing you in violation of Florida law, you complain to the state Attorney General's office . Although the Attorney General won't intervene on your behalf, it uses complaints to learn about misconduct.
You can also file a lawsuit against the collector.
You have a private cause of action if a creditor or debt collector harms you in violation of the FCCPA. So, you can file a lawsuit in Florida against the collector or creditor.
Filing a Lawsuit for Federal FDCPA Violations
If a debt collector or debt buyer, but not an original creditor, uses abusive or deceptive collection behavior, you might also be able to sue under the federal FDCPA.
If you win, the court may award to you:
You can file a complaint with Florida's Office of Financial Regulation and the federal Consumer Financial Protection Bureau (CFPB). After you submit a complaint, the CFPB will work to get you a response from the collector, typically within 15 days.
If a debt collector sues you, you have the right to respond in court . You also have the right to hire an attorney to represent you in the case.
Even though you're being sued, you can still try to settle the debt . If the collector violated federal or state laws when trying to collect from you, you could have leverage in debt settlement negotiations .
Learn what to do if a bill collector uses abusive tactics .
Read about what you should and shouldn't do when a debt collector calls.
If you need help dealing with an aggressive debt collector, figuring out what option is best for handling your debts, negotiating a settlement, or responding to a lawsuit for nonpayment of a debt, consider consulting with a debt relief lawyer.
If you have a lot of debts, you might want to consider filing for bankruptcy . In that situation, you'll want to talk to a bankruptcy lawyer.