Florida debt collection law: the FCCPA
Florida's Consumer Collection Practices Act applies to any person collecting a consumer debt, which includes the original bank, lender or hospital, not only third-party collectors. A violation carries actual damages, statutory damages of up to $1,000, possible punitive damages, and the consumer's attorney's fees. You have two years. One risk the federal law lacks: a suit that raises no justiciable issue can leave the consumer paying the defendant's fees.
The federal FDCPA leaves a gap: the bank that made the loan can call you about it without being a "debt collector" under federal law. Florida closed that gap in its own statute. The Florida Consumer Collection Practices Act is in chapter 559 of the Florida Statutes (§§ 559.55 to 559.785), and its list of prohibited practices applies to anyone collecting a consumer debt. Mikhail Usher is admitted in Florida.
Who the FCCPA covers
The statute defines "debt collector" much as the FDCPA does, and that definition excludes an original creditor collecting its own debts in its own name (Fla. Stat. § 559.55). But the prohibited practices in § 559.72 are not limited to debt collectors. They begin: "In collecting consumer debts, a person may not." A bank, a card issuer, a medical provider or a landlord collecting a consumer debt is a person. The debt must be a consumer debt: an obligation arising from a transaction primarily for personal, family or household purposes (§ 559.55).
What the FCCPA prohibits
Section 559.72 has a long list. The provisions most often at issue in harassment cases include:
- Harassing frequency. Willfully communicating with the debtor or a family member with such frequency as can reasonably be expected to harass, or willfully engaging in other conduct that can reasonably be expected to abuse or harass (§ 559.72(7)).
- Illegitimate debts and false rights. Claiming, attempting or threatening to enforce a debt the person knows is not legitimate, or asserting a legal right it knows does not exist (§ 559.72(9)).
- Calling hours. Communicating with the debtor between 9 p.m. and 8 a.m. in the debtor's time zone without prior consent (§ 559.72(17)).
- Going around your lawyer. Communicating with a debtor the person knows is represented by an attorney on the debt, unless the attorney fails to respond within 30 days, consents, or the debtor starts the contact (§ 559.72(18)).
Courts construing the FCCPA must give due consideration and great weight to the Federal Trade Commission's and the federal courts' interpretations of the FDCPA (§ 559.77(5)). The FDCPA page and the violation pages explain the federal counterparts.
The calling-hours rule after SB 232 (2025)
Senate Bill 232 of 2025 (ch. 2025-23), approved and effective May 16, 2025, amended § 559.72(17). The rule still forbids communicating with the debtor between 9 p.m. and 8 a.m. in the debtor's time zone without prior consent. The amendment added that the rule "does not apply to an e-mail communication that is sent to an e-mail address and that otherwise complies with this section." It also lets the caller presume that a phone call is received in the time zone of the number's area code, unless it reasonably believes the phone is elsewhere, and for toll-free numbers, the time zone of the debtor's last known residence.
Two points follow. The exemption is for email; the amended text does not exempt text messages. And a late-night email can still be part of a harassment claim under § 559.72(7), or, from a third-party collector, under the FDCPA. See calls at bad hours.
Sources: Fla. Stat. § 559.72(17) (2026); SB 232 (2025), enrolled text, flsenate.gov.
Remedies, and the fee risk
| Item | What the statute says |
|---|---|
| Actual damages | Yes |
| Statutory damages | Additional statutory damages as the court may allow, not exceeding $1,000 |
| Punitive damages | In the court's discretion |
| Injunction | Equitable relief, including enjoining further violations |
| Class action cap | Up to $1,000 per named plaintiff, and for the rest of the class the lesser of $500,000 or 1% of the defendant's net worth |
| Consumer's fees | Court costs and reasonable attorney's fees incurred by the plaintiff |
| Defense fees | If the suit fails to raise a justiciable issue of law or fact, the plaintiff pays the defendant's costs and reasonable fees |
Fla. Stat. § 559.77(2).
The FCCPA requires a company found liable to pay the consumer's reasonable attorney's fees and costs. The defense-fee clause is the reason a Florida claim should be built on records, not recollection: dates and times from a call log, saved voicemails, letters and screenshots. You may sue in the county where the violator resides or has its principal place of business, or where the violation occurred (§ 559.77(1)).
Two years to sue under the FCCPA
An FCCPA action must be commenced within two years after the date the alleged violation occurred (§ 559.77(4)). A related FDCPA claim against a third-party collector has only one year (15 U.S.C. § 1692k(d)).
How long a creditor has to sue you
Under Fla. Stat. § 95.11, an action on a contract founded on a written instrument must be brought within five years (§ 95.11(2)(b)), and one not founded on a written instrument, including store accounts, within four years (§ 95.11(3)(j)). Suing or threatening to sue on a time-barred debt violates Regulation F for a debt collector (12 C.F.R. § 1006.26(b)). If you have been sued, do not ignore the papers: the time to answer is short and is stated on the summons. See sued by a debt collector.
For the other states we cover, see New York and New Jersey; for every clock, see deadlines.
Common questions
Does the FCCPA apply to my credit card company?
Yes, if it is collecting a consumer debt from you. The prohibited practices in Fla. Stat. 559.72 begin with 'In collecting consumer debts, a person may not.' A person includes the original creditor. That is the main difference from the federal FDCPA, which generally does not cover a creditor collecting in its own name.
Can a collector email me at night in Florida?
Since May 16, 2025, the FCCPA's 9 p.m. to 8 a.m. rule does not apply to an email sent to an email address that otherwise complies with the statute. It still applies to other communications, such as calls, without your prior consent. Federal Regulation F separately presumes communications before 8 a.m. or after 9 p.m. inconvenient for debt collectors.
Could I end up paying the collector's lawyer?
Only in a narrow case. Under Fla. Stat. 559.77(2), if the court finds the suit fails to raise a justiciable issue of law or fact, the plaintiff is liable for the defendant's court costs and reasonable attorney's fees. A claim built on documented facts, such as a call log and saved voicemails, is the protection against that.
How long does a creditor have to sue me in Florida?
Five years on a contract founded on a written instrument, and four years on one not founded on a written instrument, including store accounts (Fla. Stat. 95.11(2)(b) and (3)(j)).
Tell us what they did.
One conversation with an attorney, in your language. We tell you which laws the collector or the credit bureau broke, which deadline runs first, and what to save this week. If it is not a case we can take, we say so and tell you where to go.
(718) 484-7510The FDCPA and the FCRA require a company found liable to pay the consumer’s reasonable attorney’s fees and costs. Our fee arrangement is confirmed in a written retainer before we begin. English, Russian and Spanish in-house; an interpreter for any other language.