The FCCPA is the state-law half of the picture described in Florida consumer protection laws and how to enforce them. This article covers what the statute forbids, how its contact and notice rules work, what a debtor can recover in court, and where complaints go.
What the FCCPA covers and who it reaches
The FCCPA sits in Part VI of Chapter 559 of the Florida Statutes. It regulates conduct, what a collector may say, when it may call, whom it may tell, rather than whether the underlying debt is valid.
Its reach is wider than the federal statute’s. Fla. Stat. § 559.72 opens with the phrase “In collecting consumer debts, a person may not,” and the prohibitions that follow are not limited to third-party collection agencies. An original creditor collecting its own account, a debt buyer, and a law firm collecting for a client all fall within the conduct rules.
Registration is a separate question from conduct. Under Fla. Stat. § 559.553, a consumer collection agency doing business in Florida must register with the Office of Financial Regulation and renew annually. That section exempts original creditors, members of The Florida Bar, financial institutions, licensed real estate brokers, insurance companies, consumer finance companies, and several other categories. An exemption from registering does not exempt anyone from § 559.72.
“Consumer debt” means an obligation for money arising from a personal, family, or household transaction. Business and commercial accounts sit outside the Act.
The 19 practices section 559.72 prohibits
As of 2026, § 559.72 contains 19 numbered subsections. The list was last amended by chapter 2025-23, Laws of Florida. Grouped by what they address:
- Impersonation and false authority. A collector may not simulate a law enforcement officer or government representative, use a communication that looks like legal or judicial process, write on attorney stationery, or give the false impression of being an attorney.
- Threats and abuse. Force, threats of violence, profane or willfully abusive language, and communicating with such frequency as can reasonably be expected to harass the debtor or the debtor’s family are all prohibited.
- False claims about the debt. Subsection (9) bars claiming, attempting, or threatening to enforce a debt the collector knows is not legitimate, and bars asserting a legal right the collector knows does not exist.
- Disclosure to third parties. A collector may not disclose information affecting the debtor’s reputation to someone with no legitimate business need for it, publish a “deadbeat list,” or advertise a debt for sale as a collection tactic. Under subsection (4), a collector may not contact the debtor’s employer before obtaining a final judgment unless the debtor gave written permission or acknowledged the debt in writing after it was placed for collection.
- Disputed debts. If a collector discloses a debt and then receives written notice that part of it is reasonably disputed, subsection (6) requires it, on the debtor’s request, to reveal the details of the dispute within 30 days to each person who received the earlier disclosure within the preceding 90 days.
- Envelopes and identification. Wording on the outside of an envelope or postcard calculated to embarrass the debtor is prohibited, as is refusing to identify the collector or its employer when a debtor asks.
When and how a collector can make contact
Three subsections govern the mechanics of contact, and each carries a specific rule.
Calling hours are fixed by subsection (17) of § 559.72: a collector may not communicate with the debtor between 9 p.m. and 8 a.m. in the debtor’s time zone without prior consent. The statute lets the collector presume the debtor’s time zone matches the area code dialed, unless it reasonably believes otherwise, and it carves out e-mail sent to an e-mail address that otherwise complies with the section.
Subsection (18) addresses represented debtors. Once a collector knows the debtor is represented by an attorney on that debt and knows or can readily ascertain the attorney’s name and address, direct contact with the debtor stops. Three exceptions appear in the text: the attorney fails to respond within 30 days to a communication from the collector, the attorney consents to direct contact, or the debtor initiates the communication.
Subsection (19) prohibits causing a debtor to be charged for a communication by concealing its true purpose, which covers collect calls and telegram fees.
Debts that have been sold or assigned
Consumer accounts change hands, and Florida attaches a notice requirement to the transfer. Under Fla. Stat. § 559.715, a creditor may assign the right to bill and collect a consumer debt, but the assignee must give the debtor written notice of the assignment as soon as practical after it is made, and at least 30 days before any action to collect the debt. The same section makes the assignee a real party in interest able to sue on a defaulted account it owns.
Collection of a judgment is governed by different rules than collection of an unpaid account. Once a creditor has a judgment, the enforcement tools include garnishment, and Florida’s exemption framework is covered in wage garnishment in Florida and the head of household exemption.
Suing a collector under section 559.77
Fla. Stat. § 559.77 creates the private right of action. Venue lies in the county where the alleged violator resides, where it has its principal place of business, or where the violation occurred.
The remedy has four parts. A violator is liable for actual damages and for additional statutory damages as the court allows, not exceeding $1,000, together with court costs and reasonable attorney’s fees. In setting statutory damages the court weighs the nature of the noncompliance, its frequency and persistence, and how far it was intentional. The court may also award punitive damages and grant equitable relief, including an injunction against further violations.
Fix the date and content of each contact
Statutory damages under § 559.77 turn on frequency, persistence, and intent, so call logs, voicemail recordings, letters, envelopes, and message screenshots carry the analysis. Each contact has a date, a time, a number, and a speaker.
Match the conduct to a numbered subsection
A claim identifies which of the 19 subsections of § 559.72 the conduct violated. A 10 p.m. call is subsection (17); a call to an employer before judgment is subsection (4).
Check the two-year window
An action under § 559.77 must be commenced within 2 years after the date the alleged violation occurred. Each violation carries its own date.
Anticipate the bona fide error defense
Subsection (3) of § 559.77 relieves a defendant that shows by a preponderance of the evidence that the violation was unintentional and resulted from a bona fide error, despite procedures reasonably adapted to avoid it.
Two provisions cut the other way. A plaintiff whose suit fails to raise a justiciable issue of law or fact is liable for the defendant’s court costs and reasonable attorney’s fees. And under subsection (5), Florida courts construing the Act give due consideration and great weight to Federal Trade Commission and federal court interpretations of the federal Fair Debt Collection Practices Act, so federal FDCPA case law shapes how the state provisions are read.
Collection conduct that also involves a deceptive or unfair trade practice can support a separate claim; that framework is described in suing under FDUTPA, Florida’s deceptive trade practices law.
Complaints to Florida regulators
A complaint is an administrative path that runs parallel to a lawsuit rather than replacing it. Regulators do not award damages to individuals.
The Florida Department of Agriculture and Consumer Services is the state’s clearinghouse for consumer complaints and accepts them online or by mail through its complaint page. Complaints about a registered consumer collection agency go to the Office of Financial Regulation, which administers the registration scheme in § 559.553. Deceptive-practice complaints are handled by the Attorney General, and the intake process is described in filing a Florida attorney general complaint step by step.
Frequently asked questions
Does the FCCPA apply to the original creditor, or only to collection agencies?
It applies to both. § 559.72 prohibits the listed conduct by “a person” collecting consumer debts, without limiting the term to third-party collectors. This is a well-known difference from the federal Fair Debt Collection Practices Act, which generally reaches debt collectors rather than creditors collecting their own accounts. Registration under § 559.553 is what exempts original creditors, and that exemption covers registration only.
How much can a debtor recover for a violation?
Actual damages, plus additional statutory damages set by the court but capped at $1,000, plus court costs and reasonable attorney’s fees under § 559.77. Punitive damages and injunctive relief are available at the court’s discretion. In a class action the court may award up to $1,000 to each named plaintiff and an aggregate award for the remaining class members capped at the lesser of $500,000 or 1 percent of the defendant’s net worth.
Can a debtor sue under both the FCCPA and the federal FDCPA for the same calls?
The two statutes are separate causes of action with separate elements and separate deadlines, and Florida courts have long handled complaints pleading both. The FCCPA carries a 2-year limitations period under § 559.77, and the same subsection directs Florida courts to give great weight to federal interpretations of the federal Act when construing the state one.
What counts as harassing frequency of calls?
Subsection (7) of § 559.72 sets no numeric threshold. It prohibits willfully communicating with the debtor or a family member with such frequency as can reasonably be expected to harass, which makes call volume, time of day, continuation after a request to stop, and the collector’s intent the operating facts rather than a call count.
Does a collection agency have to be registered in Florida?
A consumer collection agency doing business in Florida must register with the Office of Financial Regulation and renew annually under § 559.553, unless it falls into one of the listed exemptions. Out-of-state consumer debt collectors that solicit accounts from credit grantors with a Florida business presence are covered by the requirement, and an unregistered one is subject to state enforcement.