Being contacted by a debt collector is stressful enough. Being sued for a debt that has nothing to do with you is something no Floridian ever expects. Unfortunately, at Licznerski Law, PLLC, we frequently see cases where consumers are dragged into litigation simply because they share a name with someone else. Even more troubling, some debt collectors continue pursuing the wrong individual long after being informed of their mistake. When that happens, it is not just careless—it is a violation of Florida law.
The Florida Consumer Collection Practices Act (FCCPA), found in Sections 559.55 through 559.785 of the Florida Statutes, was created to prevent abusive and unlawful debt collection practices. Unlike federal law, the FCCPA applies not only to third-party debt collectors but also to original creditors. This broader scope gives Florida consumers strong protections when a collector attempts to enforce a debt that is not legitimate. Suing the wrong person is not simply a paperwork error when it continues after the collector has notice. It becomes illegal conduct under the statute.
Mistaken identity in debt collection often occurs when individuals share common names or when outdated databases are used without proper verification. A mix-up in addresses, an old account purchased in bulk, or incorrect personal identifiers may lead a collector to initiate contact with an entirely innocent person. While an initial mistake may be understandable, what transforms the situation into an FCCPA violation is the refusal to stop. When a consumer informs a collector that they have the wrong person and the collector continues to send letters, place calls, damage credit, or even file a lawsuit, the law recognizes that as knowing misconduct.
Under Section 559.72(9), it is unlawful to attempt to enforce a debt that the collector knows is not legitimate. Continuing collection efforts after receiving notice that the consumer does not owe the debt can also violate other provisions of the FCCPA, including those prohibiting threats of legal action without a lawful basis and the communication of false information. At that point, the consumer is not dealing with a misunderstanding—they are dealing with conduct the law was designed to stop.
The consequences of being sued for someone else’s debt can be devastating. Consumers may face damage to their credit, frozen bank accounts, wage garnishment, or the entry of a default judgment simply because they assumed ignoring the lawsuit would make it go away. Even when the case is dismissed, the emotional and financial toll can be significant. No one should have to defend themselves in court over a debt they never owed in the first place.
The FCCPA provides meaningful remedies for victims of wrongful debt collection, including compensation for actual damages such as financial loss or emotional distress, statutory damages up to $1,000, and the recovery of attorney’s fees and costs. This fee-shifting provision means that consumers can pursue justice without paying out of pocket to hire legal counsel. In particularly egregious situations, punitive damages may also be available to hold collectors accountable.
If you have been sued or contacted about a debt that is not yours, the worst thing you can do is ignore the situation. Lawsuits have strict deadlines, and failing to respond can result in a judgment that allows a collector to garnish wages or seize funds—even when they have the wrong person. Licznerski Law, PLLC helps consumers challenge improper lawsuits, assert their rights under the FCCPA, and pursue compensation when collectors refuse to correct their errors.
Mistakes may happen, but continuing to pursue the wrong person after being told the truth is unlawful. You do not have to tolerate it, and you do not have to face it alone. Licznerski Law, PLLC, stands with Florida consumers who have been wrongly targeted by debt collectors and is committed to holding violators accountable.
If you believe you are being pursued for a debt you do not owe, contact Licznerski Law, PLLC today to discuss your rights and explore your options. Justice begins with knowing where you stand.