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Florida Consumer Collection Practices Act by Mark Rasmuson: Home

Disclaimer

All information provided by this guide is for instructional purposes only and should not be construed as legal advice. You should always consult an attorney to determine your legal rights.

Ave Maria School of Law Library

Research Guide: Florida Consumer Collection Practices Act

Purpose of this Guide

This guide provides a step-by-step approach to research and litigation under the Florida Consumer Collection Practices Act ("FCCPA") (Fla. Stat. §§ 559.55-559.785).

The tabs at the top of this page indicate the steps to follow in order to determine the most current, applicable law for your case. 

I.    Secondary Sources

  • Encyclopedias;
  • Treatises; and
  • Guides.

II.    Primary Sources:

  1. Statutes;
  2. Administrative Law; and
  3. Case Law.
  4. Full-text of Florida Consumer Collection Practices Act (FCCPA)
  5. Full-text of Fair Debt Collection Practices Act (FDCPA)

III.    Pleadings & Practioner Forms:

  • Court Rules; and
  • Forms.

At the Outset: Some Things To Consider

The FCCPA imposes a statutory limit of $1000 on damages to consumers against creditors who are found liable under the Act. See Fla. Stat § 559.77(2).

The FCCPA makes creditors liable for court costs and reasonable attorney's fees incurred by the plaintiff. See Fla. Stat § 559.77(2).

Would consumer's action against creditor be commenced within four years of attempt to collect a debt? See Fla. Stat. § 95.11(3)(f)

Has consumer been contacted with regard to a debt owed? 

  • Is the consumer represented by legal counsel? Is the creditor aware?
  • How many times has the consumer been contacted?
  • Did anyone else contact the consumer about the debt?
  • Has the creditor done any of the following? See Fla. Stat. §559.72 for all prohibited practices.
    • Used threat or force
    • Threatened to harm reputation
    • Contacted a third party about the debt
    • Use profane, obscene, vulgar, or willfully abusive language
    • Communicated frequently or harassed debtor or member of debtor's family
    • Attempted to collect debt known to be not legitimate
    • Communicated with debtor between 9 p.m. and 8 a.m in debtor's time zone without prior consent. 

Is creditor registered in Florida? See Fla. Stat. §§ 559.553, 559.555, 559.563, 559.565.

  • See "Administrative Law," under Part II of this guide for registration information.

Has the consumer been notified within 30 days of assignment of debt before action to collect debt commenced? See Fla. Stat. § 559.715.

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