What Is the Florida Consumer Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects Americans from predatory debt collectors. 

Florida — like many states — has its own version of this law. The Florida Consumer Collection Practices Act (FCCPA) includes many of the same protections as the FDCPA, but it expands them to protect Florida consumers even further.

What the FCCPA Has in Common With the FDCPA

The FCCPA and the FDCPA are similar pieces of legislation, and both share key consumer protections:

• Collectors may not pretend to be law enforcement or government officials
• Collectors may not call you before 8:00 a.m. or after 9:00 p.m. (in your time zone)
• They may not use abusive or obscene language
• They may not threaten to arrest you, physically harm you, or take other illegal actions
• They may not discuss your debt with third parties without your permission
• They may not report inaccurate information to credit bureaus

Many collection agencies that violate the FCCPA and FDCPA do so because they believe that consumers don’t know their rights. When you understand what collectors may or may not do under the law, you’ll be better prepared to advocate for yourself.

Additional Protections Under the FCCPA

The FCCPA expands consumer protections in a critical way: It requires original creditors to abide by the same regulations that debt collectors do. 

An original creditor is the person or business to which you originally owed the debt. A debt collector is a third-party company the original creditor either sells the debt to or hires to collect the debt.

The FCCPA also gives you more time to take legal action against an offending debt collector. Under the FDCPA, you have only one year from the last violation to file a lawsuit. The FCCPA extends this deadline to two years. 

Has a Collector or Creditor Violated Your FCCPA Rights?

Dishonest and unethical debt collectors should be held accountable. At Shrader, Mendez & O’Connell, we’ve helped many people like you stand up for their rights. Give us a call at 813-360-1529 to schedule your free consultation.