When financial pressures rise, debt collectors often become aggressive. But in Florida, consumers have strong protections under the Florida Consumer Collection Practices Act (FCCPA) — a state law designed to stop harassment, intimidation, and abusive tactics from both third-party collectors and original creditors.
At Licznerski Law, PLLC, we help consumers understand and enforce their rights under this important statute.
What Is the FCCPA?
The FCCPA (Florida Statutes §559.55–559.785) is Florida’s version of the Fair Debt Collection Practices Act (FDCPA). While both laws protect consumers from abusive debt collection behavior, the FCCPA goes further, applying to:
- Third-party debt collectors
- Original creditors
- Companies attempting to collect on their own accounts
It prohibits a wide range of unfair, deceptive, and harassing conduct.
Common FCCPA Violations
Debt collectors may violate the FCCPA by:
- Harassing or Abusive Conduct
- Repeated calls intended to annoy or abuse
- Using obscene, profane, or threatening language
- Calling before 8 a.m. or after 9 p.m.
- False or Misleading Representations
- Claiming you owe a debt that you do not
- Threatening lawsuits, arrest, or wage garnishment without legal basis
- Misrepresenting the amount owed
- Illegally Contacting Third Parties
- Telling your employer or family about the debt
- Contacting you after being told you are represented by an attorney
- Unfair Collection Practices
- Attempting to collect on a debt discharged in bankruptcy
- Adding illegal fees or interest
- Depositing post-dated checks early
If you’ve experienced any of the above, you may be entitled to damages.
What Damages Are Available Under the FCCPA?
Consumers can pursue:
- Actual damages (financial and emotional distress)
- Statutory damages up to $1,000
- Punitive damages in egregious cases
- Attorney’s fees and court costs (often making these cases cost-effective)
How Licznerski Law, PLLC Can Help
Our firm investigates debt collector misconduct, preserves evidence, and takes action to stop harassment immediately. We work to:
- Document collection violations
- Demand that collectors cease illegal practices
- Pursue compensation in court when appropriate
Whether you’re receiving constant calls, facing threats, or dealing with deceptive practices, you don’t have to handle it alone.
Think You’ve Been Harassed by a Debt Collector?
Reach out to Licznerski Law, PLLC today for a consultation. We’ll evaluate the conduct, explain your rights under the FCCPA, and help you take back control.