By: Adam B. Brandon

As discussed in a prior post , the Florida Consumer Collection Practices Act (FCCPA) can apply to both debt collectors (like collection agencies) and lenders who seek to collect their own debts. The FCCPA is broader than the federal Fair Debt Collections Practices Act (FDCPA), which only regulates the behavior of third-party “debt collectors.” This is by design, as the Florida legislature intended the state statute to supplement the consumer protections provided by federal law.

The FCCPA regulates the debt collection practices of lenders in a variety of ways. Some of the more significant provisions of the FCCPA include the following: 

  • When a loan is assigned, the assignee must provide written notice to the debtor of the assignment within 30 days.
  • A person may not attempt to enforce a debt which the person knows is not legitimate. Similarly, a person may not claim some legal right when that person knows that the right does not exist.