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FCCPA

Florida Consumer Collection Practices Act

Florida goes further than federal law. The FCCPA protects Floridians from abusive collection practices by almost anyone collecting a consumer debt, including the original bank or lender.

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Why Florida law matters

The federal FDCPA mostly covers third party collectors. The FCCPA, found in Florida Statutes section 559.72, applies to any person collecting a consumer debt. That means original creditors, banks, lenders, and servicers can be held responsible too.

Conduct the law prohibits

Florida law prohibits willfully communicating with such frequency that it amounts to harassment, using profane or abusive language, threatening action that is not lawful, and claiming a debt is owed when the collector knows it is not.

It also restricts calls between 9 p.m. and 8 a.m. without your consent, contacting you after you have told them you have a lawyer, and disclosing your debt to people who have no right to know.

What you may recover

You may recover actual damages, statutory damages of up to $1,000, and your reasonable attorney fees and costs. Courts may also award punitive damages in appropriate cases.

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