GENERAL INTERPRETATION OF THE ACT. Fla. Stat. 559.55-559.785.
"In Florida, consumer debt collection practices are regulated by both the FCCPA and the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p (FDCPA). Both acts generally apply to the same types of conduct, and Florida courts must give ‘great weight’ to federal interpretations of the FDCPA when interpreting and applying the FCCPA. §559.77(5). However, the FDCPA and the FCCPA are not identical, and a violation of one act does not automatically constitute a violation of the other." Read v. MFP, Inc., 85 So. 3d 1151, 1153 (Fla. 2nd DCA 2012)
DEFINING "DEBT." Fla. Stat. 559.55(1).
“[T]he FDCPA and FCCPA apply only to payment obligations of a (1) consumer arising out of a (2) transaction in which the money, property, insurance, or services at issue are (3) primarily for personal, family, or household purposes.” Where such “payment obligations” meet those three elements, they constitute a debt for the purposes of both the FDCPA and the FCCPA. The court proceeds to analyze each of the elements: 1. “Consumer”; 2. “Transaction”; and, 3. “Primarily for Personal, Family, or Household Purposes.” Oppenheim v. I.C. Sys., Inc., 627 F.3d 833, 837 (11th Cir. 2010)
Balance of homeowner's account with homeowners association, which "included past-due assessments and administrative collection fees," qualified as "debt" under Fair Debt Collection Practices Act (FDCPA) and Florida Consumer Collection Practices Act (FCCPA). Abby v. Paige, 903 F. Supp. 2d 1330 (S.D. Fla. 2012)
DEBT COLLECTORS AND "ORIGINAL CREDITORS." Fla. Stat. 559.55(6).
Distinct from the Fair Debt Collection Practices Act (FDCPA), which does not apply to original creditors, “the FCCPA has been interpreted to apply to original creditors as well as debt collection agencies.” Kelliher v. Target Nat. Bank, 826 F.Supp.2d 1324, 1327 (M.D. Fla. 2011)
Note, Fla. Stat. § 559.553, concerning the requirement of registration for consumer collection agencies, does not apply to original creditors. Fla. Stat. § 559.553(4)(a).
UNDERSTANDING "PROHIBITED PRACTICES" UNDER THE ACT. Fla. Stat. 559.72.
A collection letter wherein a collection agency threatens a specific attorney’s fee if a debtor does not settle the claim with the collection agency, "as a matter of law," does not "constitute a wrongful threat” under Fla. Stat. 554.72(9). Fox v. Barnett Recovery Corp., 544 So. 2d 1157 (Fla. 5th DCA 1989)
While under the 1981 statute, "payment of cash in exchange for a check is not an extension of credit under the Act," St. Pierre v. Winn Dixie Stores, Inc., 592 So. 2d 1252 (Fla. 4th DCA 1992), the 2009 statute requires no extension of credit. Morgan v. Wilkins, 74 So.3d 179 (Fla. 1st DCA 2011).
"[L]ack of registration with the State of Florida was an appropriate consideration in deciding whether Unifund's [a debt collector] 'means' of collection were 'unfair or unconscionable.'” LeBlanc v. Unifund CCR Partners, 601 F.3d 1185 (11th Cir. 2010)
Debt collector did not violate state debt collection law where callers did not identify themselves in two messages left on debtor's voicemail, which merely requested "a return call," because such does not constitute the improper assertion of any right. Read v. MFP, Inc., 85 So. 3d 1151, 1155 (Fla. 2nd DCA 2012)
Foreclosure notices sent by mortgagee to mortgagors did not violate Florida Consumer Collection Practices Act. Trent v. Mortgage Electronic Registration Systems, Inc., 288 Fed.Appx. 571 (2008).
Mortgagee's and mortgage loan servicer's communication with home mortgagor, stating that she was required to pay for force-placed property insurance, was within the ambit of debt collection, as element for stating a claim under the Florida Consumer Collection Practices Act (FCCPA). Martorella v. Deutsche Bank Nat. Trust Co., 931 F. Supp. 2d 1218 (S.D. Fla. 2013)
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