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Florida Consumer Collection Practices Act by Mark Rasmuson: II. Primary Sources

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.

Primary Source Overview

STATUTES

The Florida Consumer Collection Practices Act was so named in 1993 under sections 5 and 13 of chapter 275 of the Laws of Florida. Fla. Stat. 559.551. Its purpose is to provide protection to Florida consumers from abusive debt collection practices in addition to those protections provided under the federal Fair Debt Collection Practices Act. 

The purpose of the Fair Debt Collection Practices Act is "to eliminate abusive debt collection practices by debt collectors," to discourage any competitive advantage for debt collectors who are abusive, and to "promote consistent State action to protect consumers." 15 USC 1692(e)

CASE LAW

Most court rules pertain to general applicability of the FCCPA; definitions of debt, debt collectors, and creditors; and prohibited practices under the Act. 

ADMINISTRATIVE LAW

While not explicitly called for in the language of the Act, the Office of Financial Regulation recommends filing an administrative complaint to their office either before or concurrent with filing a complaint in county court. 

FULL-TEXTS

The entire text of the Florida Consumer Collections Practices Act (FCCPA) is available online at Online Sunshine, the website of the Florida Legislature. While the full text has also been included in this guide for convenience and easy-reference, one should always check the official sources of Florida laws, found in print and online

Likewise, the full text of Federal Fair Debt Collection Practices Act (FDCPA) is available online at the Federal Trade Commission website. Official online sources of federal law include Congress.gov and the Government Printing Office. The inclusion of the text from FDCPA should not be construed as a suggestion that one should file complaints under both the FCCPA and FDCPA. See "Disclaimer" on this page. 

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