What is the Florida Consumer Collection Practices Act?
The Florida Consumer Collection Practices Act (FCCPA) is a state law that was enacted to protect consumers in Florida from abusive and deceptive debt collection practices. This law outlines the rules and regulations that debt collectors must follow when attempting to collect a debt from a consumer.
Who does the FCCPA apply to?
The FCCPA applies to anyone who is considered a “consumer” under the law, which includes individuals who have incurred personal or household debt. The FCCPA also applies to businesses that are collecting their own debts, as long as they are not regularly engaged in the business of collecting debts.
FCCPA vs. FDCPA
The FCCPA and the Fair Debt Collection Practices Act (FDCPA) are two laws that protect consumers from debt collection abuse. While both laws have similar provisions, there are some key differences between them. The FDCPA is a federal law that applies to all states, while the FCCPA is a state-specific law in Florida. The FCCPA, therefore supplements the protections provided by the FDCPA for Florida residents.
How Does the Florida Consumer Collection Practices Act Protect Consumers?
The FCCPA provides several protections for consumers, including:
- Prohibition of Harassment: Debt collectors are not allowed to engage in any conduct that is intended to harass, oppress, or abuse a consumer. This includes repeatedly calling or using obscene language.
- Disclosure of Debt Information: Debt collectors must provide clear and accurate information about the debt they are attempting to collect, including the name of the original creditor and the amount owed.
- Prohibition of False or Misleading Representations: It is against the law for debt collectors to make false or misleading statements when trying to collect a debt. This includes threatening legal action that they have no intention of taking or claiming to be affiliated with a government agency.
- Right to Dispute the Debt: Consumers have the right to dispute a debt and request validation of the debt from the collector. The collector must provide proof that the debt is valid and belongs to the consumer.
- Prohibition of Unfair Practices: The FCCPA prohibits debt collectors from engaging in any unfair practices, including adding unauthorized charges or fees to a debt.
- Limits on Communication: Debt collectors are only allowed to communicate with consumers during reasonable hours (typically between 8am-9pm) unless the consumer gives permission for other times.
Additionally, the FCCPA requires that all communication between a debt collector and a consumer must be truthful and not use any unfair tactics in an attempt to intimidate or pressure the consumer into paying their debt.
Some Examples of Violations Under the FCCPA
- Calling a consumer repeatedly and continuously in a short period of time
- Using abusive language or threats towards a consumer
- Continuing to contact a consumer after they have requested that the debt collector stop communication
- Falsely claiming to be an attorney or government agency
- Disclosing information about a consumer’s debt to third parties without permission
- Adding unauthorized charges or fees to a debt
- Falsely representing the amount of the debt or the creditor
What can I do if my rights under the FCCPA have been violated?
If a debt collector has violated your rights under the FCCPA, you can take action by:
- Filing a complaint with the Florida Office of Financial Regulation
- Reporting the violation to the Consumer Financial Protection Bureau
- Hiring an attorney to pursue legal action against the debt collector
You can also take several steps to protect yourself from potential FCCPA violations:
- Keep accurate records of all communication with debt collectors
- Request written verification of the debt being collected
- Do not provide personal or financial information to a debt collector unless you have verified their identity and legitimacy
- Know your rights under the FCCPA and don’t hesitate to assert them if necessary.
A good example of asserting your rights would be to send a written request for the debt collector to stop contacting you. Once they receive this request, they are legally required to cease communication except in limited circumstances.
What are the penalties for violating the FCCPA?
Consumers can sue for damages that result from violations, which can include actual damages, statutory damages up to $1,000, and legal fees. Additionally, in cases of willful misconduct or repeated violations, the court may impose further penalties.
In some cases, the individual may also be entitled to have their debt forgiven or reduced as a result of the violation.
Let an FCCPA Attorney Protect Your Rights
If you believe your rights under the FCCPA have been violated, don’t wait to take action. Contact us today for a consultation with an FCCPA attorney who can help you understand your options and support you in pursuing justice. Your rights matter, and we are here to ensure they are protected.