Florida FCCPA Lawyer

Furdock Law > FCCPA Attorney in Florida

Florida businesses must be aware of the Consumer Collection Practices Act (FCCPA), codified in Sections 559.55-559.785 of the Florida Statutes. This legislation is designed to safeguard consumers and intentionally favors them over creditors. As noted by Furdock Law, the FCCPA permits consumers to take legal action against creditors for minor, technical infractions of the statute. Consumer attorneys often exploit these technicalities to pressure businesses into settlements, as the cost of defending against FCCPA claims frequently exceeds the expense of making a nominal settlement offer. The courts are obligated to interpret the FCCPA in a manner that protects consumers, as established in Kelly v. Duggan (2019).

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WHY YOU NEED AN EXPERIENCED ATTORNEY BY YOUR SIDE?

Navigating the complexities of the Florida Consumer Collection Practices Act (FCCPA) requires a comprehensive understanding of consumer protection laws, compliance requirements, and the ability to interpret legal nuances. Without expert guidance, you risk overlooking crucial details, potentially leading to legal complications and missed opportunities for protection.

Here's why you want an experienced attorney from Furdock Law on your side:

  • Expertise in FCCPA Compliance: Our legal team possesses in-depth knowledge of Florida's consumer protection regulations, including the FCCPA. We continuously monitor legislative updates, ensuring you remain compliant while maximizing your legal protections under Florida law.
  • Maximizing Your Rights and Protections: By partnering with Furdock Law, you gain access to legal professionals who know how to optimize your rights under the FCCPA. We analyze your unique situation, identify potential violations, and develop strategies to protect your interests and seek appropriate remedies.
  • Navigating Complex Legal Processes: FCCPA cases often involve intricate legal procedures, documentation requirements, and potential court appearances. With our legal expertise, you can be confident that all necessary paperwork is filed correctly and promptly, reducing the risk of procedural issues.
  • Peace of Mind: Dealing with debt collection practices and consumer protection matters can be stressful for Florida residents. Our experienced attorneys provide guidance and support throughout the legal process, giving you peace of mind and allowing you to focus on resolving your financial concerns.

At Furdock Law, we specialize in your specific needs, providing you with the legal support you need to navigate the complexities of the FCCPA in Florida. Our team is dedicated to protecting your rights and ensuring the best possible outcome for your case.

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What is FCCPA?

FCCPA refers to the Florida Consumer Collection Practices Act.

Here are the key points about the FCCPA:

  1. It is a Florida state law designed to protect consumers from unfair debt collection practices.
  1. The FCCPA is similar to the federal Fair Debt Collection Practices Act (FDCPA), but it applies specifically to Florida and has some differences.
  1. The law prohibits various unfair or deceptive practices in collecting consumer debts. It includes 19 separate subsections describing prohibited actions.

Some key prohibitions include:

  • Contacting debtors at odd hours (between 9 PM and 8 AM)
  • Contacting a debtor known to be represented by an attorney
  • Using deceptive or abusive tactics to collect debts
  1. The FCCPA applies to creditors and debt collectors, including businesses that collect their own debts.
  1. Violations can result in civil penalties, including actual damages, statutory damages up to $1,000 per action, punitive damages, injunctions, court costs, and attorneys' fees.
  1. The law allows for a "bona fide error" defense if the violation was unintentional and the creditor had procedures in place to avoid such errors.
  1. Healthcare providers and practices need to be particularly aware of this law, as they can be sued under the FCCPA for their debt collection practices.

To comply with the FCCPA, businesses should have clear policies for handling consumer debts, train staff on these policies, and be careful to avoid prohibited practices in their collection efforts.

Who Must Comply With The FCCPA?

The Florida Consumer Collection Practices Act (FCCPA) applies to a broader range of entities than the federal Fair Debt Collection Practices Act (FDCPA). Here are the key parties that must comply with the FCCPA:

  1. Debt collectors: This includes collection agencies, debt buyers, and lawyers engaged in debt collection activities.
  1. Original creditors: Unlike the FDCPA, which generally doesn't apply to original creditors, the FCCPA prohibits both debt collectors and creditors from using certain types of abusive, deceptive, and misleading debt collection tactics.
  1. Out-of-state debt collectors: The FCCPA requires all debt collectors, including those located out-of-state, to be registered with the state of Florida.
  1. Any person engaged in collecting consumer debts: The FCCPA applies to anyone collecting debts that are primarily for personal, family, or household purposes.

It's important to note that some entities are exempt from registration under the FCCPA, although they may still need to comply with its provisions. These exemptions are not specified in the provided search results.

The FCCPA's broad application to both debt collectors and original creditors provides Florida consumers with additional protections beyond those offered by the federal FDCPA. This means that in Florida, even the original creditor must adhere to the fair debt collection practices outlined in the FCCPA when attempting to collect a debt.

Consequences for Violating the FCCPA ?

Violations of Florida's Consumer Collection Practices Act (FCCPA) can result in significant legal and financial consequences. The FCCPA allows consumers to file civil lawsuits against violators in the county where the alleged violation occurred or where the defendant resides or has their main place of business.

The FCCPA provides several remedies for consumers, including:

  1. Actual damages
  1. Additional statutory damages up to $1,000 per action
  1. unitive damages
  1. Injunctive relief
  1. Court costs
  1. Attorney's fees

It's important to note that statutory damages are capped at $1,000 per action, not per violation. When determining statutory damages, courts consider factors such as the nature, frequency, persistence, and intentionality of the noncompliance.

The FCCPA also allows for class action lawsuits. In such cases, each named plaintiff may receive up to $1,000 in statutory damages. The total statutory damages for remaining class members is limited to $500,000 or 1% of the defendant's net worth, whichever is less. However, individual class members cannot receive more than $1,000 in statutory damages.

At Furdock Law, we specialize in FCCPA cases and provide comprehensive legal support tailored to your specific needs in Florida. Our expertise in this area allows us to effectively navigate the complexities of consumer protection law and advocate for your rights under the FCCPA.

Statute of Limitations for FCCPA Violations?

The statute of limitations for filing a lawsuit based on Fair Debt Collection Practices Act (FDCPA) violations is generally one year from the date of the violation. Here are the key points about the FDCPA statute of limitations:

  1. One-year time limit: The FDCPA states that lawsuits must be brought "within one year from the date on which the violation occurs".
  1. Starts when violation occurs: The Supreme Court ruled in Rotkiske v. Klemm that the one-year period begins when the alleged violation actually happens, not when it is discovered.
  1. No general discovery rule: The Supreme Court rejected applying a general "discovery rule" that would delay the start of the limitations period until the violation is discovered.
  1. Equitable doctrines may apply: While rejecting a blanket discovery rule, the Court left open the possibility of applying equitable doctrines like equitable tolling in extraordinary cases.
  1. Fraud-based claims: The ruling does not address whether consumers could bring claims outside the statute of limitations alleging fraud or concealment.
  1. State law alternatives: If the FDCPA statute of limitations has expired, consumers may still have options under state laws, which often have longer limitation periods.
  1. Discrete violations: Some courts have held that each discrete violation of the FDCPA starts a new one-year limitation period for that specific violation.

It's important to note that this one-year statute of limitations can significantly limit consumers' ability to bring FDCPA claims. Consumers should be aware of this time limit and consult with an attorney promptly if they believe a debt collector has violated the FDCPA.

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FAQ

Here are some frequently asked questions at Furdock Law regarding FCCPA cases:
How can an FCCPA lawyer help?

An experienced FCCPA lawyer in Florida can provide valuable assistance to consumers facing debt collection issues. Here's a brief overview of how our attorneys can help:

An FCCPA (Florida Consumer Collection Practices Act) lawyer specializes in protecting consumers' rights against unfair, deceptive, or abusive debt collection practices. In Florida, where both federal and state laws regulate debt collection, having a knowledgeable attorney can be crucial. Here are some ways an FCCPA lawyer can assist:

  1. Evaluate your case. They can review your situation to determine if any FCCPA violations have occurred.
  1. Stop harassment: The lawyer can take action to stop harassing phone calls and other abusive practices by debt collectors.
  1. Represent you in court: If you're sued by a debt collector, an FCCPA attorney can defend you in court.
  1. File lawsuits: If your rights have been violated, an attorney can file a lawsuit against the debt collector on your behalf.
  1. Negotiate settlements: They can negotiate with creditors to potentially reduce your debt or arrange more favorable payment terms.
  1. Educate you on your rights: An FCCPA lawyer can inform you about your rights under both state and federal laws.
  1. Handle communication: They can manage all communication with debt collectors, relieving you of stress and potential legal pitfalls.
  1. Seek damages: If violations are proven, your attorney can help you recover statutory damages, actual damages, and attorney's fees.
  1. Challenge debt validity: They can assist in disputing debts that may be inaccurate, outdated, or not rightfully yours.
  1. Provide broader debt relief strategies: Beyond FCCPA issues, they may offer advice on overall debt management or bankruptcy options if needed.

By engaging an FCCPA lawyer, you gain an advocate who understands the complexities of debt collection laws and can protect your rights throughout the process.

At Furdock Law, we specialize in FCCPA cases and provide comprehensive legal support tailored to your specific needs. Our experienced attorneys are well-versed in both Florida and federal debt collection laws, ensuring that your rights are protected throughout the process.

Am I qualified or eligible to file for FCCPA?

You may be qualified or eligible to file an FCCPA claim in Florida if:

  1. You are a consumer who owes or is alleged to owe a consumer debt. The FCCPA defines a consumer as any natural person obligated or allegedly obligated to pay a debt.
  1. The debt in question is a consumer debt, which means it arose from a transaction primarily for personal, family, or household purposes.
  1. You have experienced unfair, deceptive, or abusive practices by a creditor or debt collector in relation to this debt. This can include harassment, false representations, or other prohibited practices outlined in the FCCPA.
  1. The alleged violation occurred within the last two years. There is a two-year statute of limitations for bringing an FCCPA claim.
  1. The alleged violation took place in Florida or involved a Florida-based creditor or debt collector.

It's important to note that you don't need to actually owe the debt to be protected by the FCCPA. Even if you're only alleged to owe a debt, you're still covered by the law's protections.

If you believe you meet these criteria and have experienced a violation of the FCCPA, you may be eligible to file a claim. However, it's always advisable to consult with our qualified attorneys at Furdock Law, who specialize in consumer protection law to evaluate the specifics of your situation and guide you through the legal process if necessary

Does FDCPA only apply to certain industries?

The Fair Debt Collection Practices Act (FDCPA) does not only apply to certain industries. Rather, it applies broadly to third-party debt collectors attempting to collect consumer debts, regardless of the specific industry.

Key points about FDCPA applicability:

  1. Consumer debts: The FDCPA applies to the collection of debts incurred primarily for personal, family, or household purposes. It does not cover business debts.
  1. Third-party collectors: The law primarily covers third-party debt collectors, including collection agencies, debt buyers, and lawyers who regularly collect debts. It generally does not apply to original creditors collecting their own debts.
  1. Wide range of industries: Debt collectors subject to the FDCPA may be attempting to collect various types of consumer debts, including credit card debts, medical bills, mortgages, auto loans, and other personal debts.

While the FDCPA is not industry-specific, there are some exceptions and special considerations:

  • Certain financial institutions and their employees may be exempt when collecting debts owed to the institution itself.
  • Government employees collecting debts in their official capacity are not covered.
  • Legal process servers are exempt.
  1. Expanded coverage in some cases: Some creditors or servicers may become subject to the FDCPA if they acquire debts that were already in default. This means companies that don't typically consider themselves debt collectors may still fall under FDCPA jurisdiction for certain accounts.
  1. State laws: Many states have their own debt collection laws that may apply more broadly, including to original creditors.

It's important to note that even if a company or individual is not covered by the FDCPA, their debt collection practices may still be subject to other consumer protection laws, such as the Federal Trade Commission Act, which prohibits unfair or deceptive practices.

In summary, the FDCPA is not limited to specific industries but rather focuses on the nature of the debt (consumer debt) and the status of the collector (typically third-party) regardless of the industry involved.

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