Florida residents dealing with debt collection have protections under both federal and state law. The two frameworks overlap in some areas and diverge sharply in others, and the state layer is often the more powerful of the two. Understanding both matters, particularly when a collector's conduct feels aggressive or improper. Knowing what the law prohibits is the starting point for any response.
The federal Fair Debt Collection Practices Act governs the conduct of third-party debt collectors. Florida's Consumer Collection Practices Act, codified at Florida Statute 559.72, applies more broadly: it covers not only third-party collectors but also original creditors collecting their own debts directly. Most Florida residents have both sets of protections available, depending on who is contacting them and under what circumstances.
Under the FDCPA, debt collectors cannot contact consumers before 8 a.m. or after 9 p.m. local time. They cannot call more than seven times within any seven-day period or within seven days following a phone conversation about a specific debt. Profanity, threats, and false statements about the nature or amount of the debt are prohibited. Collectors cannot publicly disclose a debt to unauthorized third parties. If a consumer sends a written request to stop contact, the collector must comply, except to confirm the cessation of communications or to notify the consumer of a specific legal action being taken.
Florida Statute 559.72 extends these protections in several meaningful ways. Under the FCCPA, a collector cannot contact a debtor's employer before obtaining a final court judgment, unless the debtor has provided written consent or acknowledged the debt in writing after it was placed for collection. Collectors cannot simulate law enforcement officers or suggest they represent a government agency. They cannot claim, threaten, or attempt to enforce a debt they know to be illegitimate, or assert the existence of a legal right they know does not exist. Harassment through repeated contact, willfully abusive language, and obscene communications are all expressly prohibited under the statute.
A 2025 amendment to the FCCPA took effect July 1, 2025, strengthening the statute and formally codifying the calling-hours restriction at the state level. The amendment also tightened accountability for out-of-state collectors operating in Florida. Florida's statute of limitations for FCCPA claims is two years, which is double the one-year window available under the federal FDCPA, giving consumers meaningfully more time to act on a violation.
When a collector violates either statute, Florida consumers can pursue a private civil action. Under the FCCPA, available remedies include actual damages, up to $1,000 in statutory damages per violation, punitive damages, court costs, and attorney fees. The CFPB and FTC both accept complaints against collectors who violate federal law. These remedies are available regardless of whether the underlying debt is valid, which means a legitimate debt does not shield a collector from consequences for how they pursue it.
Borell Law has handled debt defense matters for Florida consumers and defendants for more than 36 years. Individuals who believe a collector has violated the law can contact the firm to discuss their specific situation.
This is general information, not legal advice. Every case is unique; consult your Florida attorney first.
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