Florida’s Consumer Collection Practices Act
- McMann, P.A.
- May 1
- 2 min read
Florida’s Consumer Collection Practices Act (FCCPA)
Extra Protection for Floridians
Living in Lakeland, Winter Haven, Bartow, or Davenport and dealing with debt collectors? Florida’s Consumer Collection Practices Act (FCCPA) gives you extra protections beyond federal law. Unlike the FDCPA, the FCCPA applies to both third-party debt collectors and original creditors, making it a powerful tool to stop harassment.
What the FCCPA Does
The FCCPA bans a wide range of unfair practices to protect Florida residents. Debt collectors and creditors cannot:
Pretend to be someone else: No posing as police, government officials, or attorneys.
Threaten you: No threats of violence, arrest, or fake legal action.
Contact your employer: Unless you give permission or they have a court judgment, they can’t call your workplace.
Use abusive language: No profane, obscene, or harassing words.
Call late at night: No calls between 9 p.m. and 8 a.m. without your consent.
Share your debt details: They can’t tell friends, family, or others about your debt without a legitimate reason.
Chase fake debts: They can’t try to collect debts they know aren’t valid.
If you’re represented by an attorney, collectors must contact your lawyer instead,
unless the lawyer doesn’t respond within 30 days.
Real-Life Examples
Example 1: Threat of Arrest
Maria in Davenport gets a call from a collector saying she’ll be arrested if she doesn’t pay immediately. The FCCPA bans threats of violence or fake criminal action. Maria can report this to the Florida Attorney General and may have grounds to sue.
Example 2: Late-Night Calls
Lisa in Lakeland is woken up by a 10 p.m. call from a creditor, despite asking for no calls after 9 p.m. The FCCPA prohibits calls between 9 p.m. and 8 a.m. without consent. Lisa can send a cease-and-desist letter and document the violation.
How to Protect Yourself
Request Debt Validation: Ask for written proof of the debt to ensure it’s legitimate.
Tell Them to Stop: Send a written request to stop contact, and they must comply (with limited exceptions).
File a Complaint: Contact the Florida Attorney General’s office to report violations.
Sue for Damages: If the FCCPA is violated, you can sue for actual damages, court costs, and attorney’s fees.
Next Steps
Harassment from debt collectors can signal deeper financial stress. Our firm, based in Polk County, can help you enforce your rights under Florida’s Consumer Collection Practices Act FCCPA and explore bankruptcy options if debts are piling up.
Schedule a free consultation to discuss your options today.
Mark D. McMann
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