Original Creditor Harassment
Your bank, credit card issuer, or medical provider using abusive tactics to collect. The FCCPA covers conduct that the federal FDCPA does not reach — this is its greatest strength.
Understanding the Law
What Is the FCCPA?
The Florida Consumer Collection Practices Act is Florida's state-level consumer protection statute that regulates debt collection practices within the state. Codified at Florida Statutes § 559.55 et seq., it was enacted to complement federal protections under the FDCPA with additional state-specific safeguards.
The most significant advantage of the FCCPA is its broader scope. While the federal FDCPA only applies to third-party debt collectors, the FCCPA covers original creditors as well. This means if your bank, credit card company, medical provider, or landlord engages in abusive collection tactics, you have a cause of action under Florida law — even when federal law doesn't apply.
The FCCPA prohibits threats, harassment, deceptive practices, and other unfair conduct in the collection of consumer debts. Like the FDCPA, it contains a fee-shifting provision, meaning the violator pays your attorney's fees when you prevail. We frequently pair FCCPA claims with FDCPA claims to maximize our clients' recovery.
Violations We Prosecute
Common FCCPA Violations
If any of these sound familiar, you may have a state claim worth pursuing.
Threatening Criminal Prosecution
Threatening to have you arrested or criminally prosecuted for failing to pay a civil debt. This is explicitly prohibited under § 559.72(9) and is one of the most common FCCPA violations.
Communicating with Employers
Contacting your employer about a consumer debt (except for the limited purpose of locating you). Disclosing the existence of a debt to your employer is a violation that can cause serious professional harm.
Deceptive Collection Practices
Using false, deceptive, or misleading representations in connection with the collection of a debt. This includes misrepresenting the amount owed, the legal status of the debt, or the consequences of non-payment.
Unauthorized Fees & Charges
Attempting to collect amounts not authorized by the agreement or by law. Adding unauthorized fees, inflating balances, or misrepresenting interest calculations are actionable violations.
Your Recovery
What Can You Recover?
The FCCPA provides multiple categories of damages for violations of its protections.
Uncapped
Actual Damages
All provable losses resulting from the violation — emotional distress, lost wages, credit damage, and other tangible harm.
Additional
Statutory Damages
Courts may award additional statutory damages on top of actual damages under the FCCPA.
$0 to You
Attorney's Fees
The violator pays your attorney's fees and costs. You pay nothing out of pocket.
Maximized
Combined Claims
We regularly pair FCCPA claims with FDCPA claims, FCRA claims, or both. Stacking state and federal claims maximizes your total recovery.
How It Works
How We Handle Your FCCPA Case
01
Free Case Review
We evaluate your situation under both Florida and federal law to determine every available claim — FCCPA, FDCPA, FCRA, and any other applicable statute.
02
Evidence Documentation
We collect and preserve collection letters, call recordings, account statements, and other evidence of prohibited conduct by the creditor or collector.
03
Demand & Litigation
We file suit in state or federal court, depending on which claims provide the strongest position. FCCPA claims can be filed alongside FDCPA claims in federal court.
04
Resolution & Recovery
You recover damages under all applicable statutes, the abusive conduct stops, and the defendant pays our fees.
Common Questions
FCCPA FAQ
The biggest difference is scope. The FDCPA only applies to third-party debt collectors. The FCCPA applies to anyone collecting a consumer debt in Florida — including original creditors like your bank, credit card company, or medical provider. This makes the FCCPA a critical tool when federal law falls short.
Yes, and we often do. When a third-party debt collector violates the law, we can pursue claims under both the federal FDCPA and the Florida FCCPA simultaneously. This dual-filing approach maximizes your damages and puts more pressure on the defendant to settle.
The FCCPA protects consumers in connection with debts arising in Florida or collection activity occurring in Florida. If the collector is located in Florida, the debt originated in Florida, or the collection calls were directed at you in Florida, the FCCPA likely applies.
$0. Like the FDCPA, the FCCPA provides for attorney's fees to be paid by the defendant. You pay nothing out of pocket for our representation.