Understanding FCCPA Violations and Litigation: Key Differences from FDCPA

When debt collectors cross the line from persistence to harassment, consumers have the right to fight back, and both federal and state laws are on their side. In Florida, those rights are protected by federal law and a powerful state law known as the Florida Consumer Collection Practices Act (FCCPA). 

While many people are familiar with the federal Fair Debt Collection Practices Act (FDCPA), which sets the standard at the national level, the FCCPA offers an additional layer of protection, often going even further to hold collectors accountable. 

Understanding how these two statutes interact is essential for both consumers and creditors involved in debt-related disputes. This article examines the key distinctions between the FCCPA and the FDCPA, outlines the most common allegations brought under the FCCPA, and explores the legal implications of violating its provisions.

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What is the Fair Debt Collection Practices Act (FDCPA)?

The FDCPA is a federal law enacted in 1977 to protect consumers across the United States from abusive, unfair, or deceptive practices by third-party debt collectors. It is codified in 15 U.S.C. §§ 1692–1692p and enforced by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB).

Key Features of the FDCPA

1. Applies Only to Third-Party Collectors: The FDCPA governs the behavior of debt collectors who are collecting debts on behalf of someone else and not original creditors collecting their own debts.
2. Covers Consumer Debts: The FDCPA applies to personal, family, and household debts, such as:

• Credit card bills
• Auto loans
• Mortgages
• Medical bills

It does not apply to business debts.

3. Prohibits Abusive Collection Tactics: The FDCPA strictly prohibits actions such as:

• Threats or harassment
• Use of obscene or profane language
• Repeated phone calls intended to annoy or abuse
• Misrepresentation or deception (e.g., pretending to be law enforcement or misrepresenting the amount owed)
• Contacting third parties about a consumer’s debt without permission

4. Regulates Communication: This act regulates communication in a way that: 

• Debt collectors cannot call before 8 a.m. or after 9 p.m., unless agreed to by the consumer.
• They must cease communication if the consumer sends a written request asking them to stop.
• They are required to send a validation notice within five days of the initial contact, explaining the debt and the consumer’s right to dispute it.

5. Enforcement and Penalties: Consumers who believe their rights have been violated can:

• File a complaint with the FTC or CFPB
• Sue the debt collector in federal or state court within one year of the violation
• Seek actual damages, statutory damages up to $1,000, and attorney’s fees

2025 Enforcement Snapshot

As of early 2025, the CFPB reports:

• $19.7 billion in total consumer relief ordered
• $5 billion in civil money penalties imposed
• 195 million consumer accounts affected
  
  

These figures reflect the growing efforts to hold debt collectors accountable on a national scale.

While the FDCPA provides a strong framework of protection at the national level, Florida has enacted its own statute to supplement and, in some cases, strengthen consumer rights.

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What is the Florida Consumer Collection Practices Act (FCCPA)?

The FCCPA is a state law enacted to protect Florida residents from abusive, deceptive, or unfair debt collection practices. Found in Florida Statutes §§ 559.55–559.785, the FCCPA is similar to the federal FDCPA, but it goes further in several important ways.

Key Features of the FCCPA

1. Applies to All Collectors: Unlike the FDCPA, which only applies to third-party debt collectors, the FCCPA applies to both original creditors and third parties. This means that even a business collecting its own debt can be held liable under the FCCPA if it engages in unlawful practices.
2. Protects Consumers in Florida: The FCCPA is designed specifically for Florida residents and governs debt collection activities that occur within the state or target Florida consumers.
3. Prohibits a Wide Range of Conduct: The law forbids a variety of abusive actions, including:

• Harassment or abuse (e.g., threats, excessive phone calls)
• Use of false, misleading, or deceptive representations
• Communicating with third parties about the debt without consent
• Attempting to collect debts that are not legally owed

4. Grants Legal Remedies to Consumers: Victims of FCCPA violations can sue for:

• Actual damages
• Statutory damages (up to $1,000 per violation)
• Attorney’s fees and court costs

In some cases, injunctive relief to stop unlawful practices

5. Enforced by Consumers and the State: Consumers can file private lawsuits, and the Florida Attorney General can also take action to enforce the FCCPA.

2025 Legislative Update

Effective July 1, 2025, Florida’s CS/SB 232 amends the FCCPA to explicitly permit debt collectors to contact consumers via email between 9 p.m. and 8 a.m. but only if the consumer consents. This change clarifies the scope of permissible digital communications and aims to reduce litigation over time-restricted contacts.

This legislative update reflects the FCCPA's adaptability to modern communication methods and consumer preferences.

Given their overlap in purpose and protections, it's important to understand how the FCCPA and FDCPA align and where they diverge.

Also Read: Understanding Debt Collection Practices and Laws in Florida

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Similarities Between FCCPA and FDCPA

While they operate at different jurisdictional levels, the FCCPA and FDCPA share several foundational principles. Both laws aim to:

• Protect consumers from unfair, deceptive, or abusive collection methods.
• Restrict harassment, such as excessive phone calls, threats of violence, or the use of obscene language.
• Prohibit misrepresentation, including false threats of legal action or misleading the consumer about the debt amount.
• Provide legal remedies, such as statutory damages, attorney's fees, and actual damages for consumers who prevail in a lawsuit.

These similarities allow plaintiffs in Florida to bring claims under both statutes simultaneously, increasing their chances of recovery and strengthening consumer protection.

Despite their shared mission, key differences between the two laws can significantly affect how claims are brought and defended in litigation.

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Differences Between FCCPA and FDCPA

Despite their shared goals, the FCCPA and FDCPA differ in several ways, such as:

These distinctions become especially relevant in litigation, where understanding the nature of the alleged violation is key to determining which statute applies.

Also Read: History and Amendments of Fair Debt Collection Practices Act and FCRA

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Common Allegations in FCCPA Litigation

Lawsuits involving FCCPA violations often involve allegations such as:

• Harassment or abuse, such as repeated phone calls at unreasonable hours.
• False representation of the debt amount or legal status.
• Contacting third parties, like family or employers, about the consumer’s debt without consent.
• Threatening arrest or legal action that the creditor has no intention or legal right to pursue.
• Failure to validate debt, especially when a consumer disputes the validity of the debt.
• Misuse of communication channels, such as using postcards or revealing debt-related information on envelopes.

Such allegations are on the rise. In 2024 alone, regulators initiated 16 enforcement actions related to debt collection, 9 federal, 5 state-level, and 2 joint efforts, highlighting ongoing consumer protection concerns.

To protect consumers effectively, the FCCPA explicitly lists certain prohibited actions that often form the basis of these allegations.

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Prohibited Practices Under FCCPA

The FCCPA lists specific practices that are unlawful, including:

• Simulating legal authority (e.g., impersonating a law enforcement officer or attorney).
• Threatening force or violence.
• Communicating with a debtor at work when the collector knows the employer prohibits such calls.
• Attempting to collect a debt that the collector knows is not legitimate.
• Disclosing debt information to unauthorized third parties.

When collectors violate these rules, they open themselves up to substantial legal risk under Florida law.

Also Read: Common FDCPA Violations and Unfair Practices by Debt Collectors

Legal Consequences of Violating the FCCPA

Violators of the FCCPA can face serious consequences, including:

• Statutory damages of up to $1,000 per violation.
• Actual damages, including emotional distress or out-of-pocket costs.
• Attorney’s fees and court costs, often making it financially viable for consumers to bring claims.
• Injunctions to stop further unlawful practices.

Because of the broader application of FCCPA, original creditors collecting in bad faith face liability that would not exist under FDCPA alone.

2025 Civil Penalty Adjustments

As of January 2025, the CFPB increased civil money penalties due to inflation:

• Up to $36,083 per day for reckless violations
• Up to $1,443,275 per day for knowing violations

These penalty adjustments reinforce the seriousness of noncompliance.

However, not all FCCPA claims result in success—defendants can assert various legal defenses that may weaken or defeat a case.

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Defenses to FCCPA Allegations

Debt collectors and creditors facing FCCPA claims may assert several defenses:

• Bona fide error: If the violation resulted from a genuine mistake despite reasonable procedures in place to avoid such errors.
• Statute of limitations: Consumers must bring FCCPA claims within two years from the date of the alleged violation.
• Lack of standing: The plaintiff must prove they were personally affected and have legal standing to sue.
• No violation occurred: The collector can argue their conduct did not breach any provisions of the law.

As the legal landscape continues to evolve, a clear understanding of consumer rights and potential liabilities remains essential.

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Conclusion

FCCPA violations are a serious legal matter with broad implications for both consumers and creditors. While the FCCPA aligns with the FDCPA in its goal of preventing unfair debt collection, it expands protections by applying to original creditors and Florida-specific situations.

As recent updates and enforcement data show, regulatory scrutiny is high in 2025. Understanding the distinctions, prohibited conduct, and typical allegations involved in FCCPA litigation can help individuals recognize when their rights are being violated and empower them to take appropriate legal action.

For those facing aggressive or deceptive collection efforts, consulting with a consumer rights attorney familiar with both federal and Florida laws is often the best course of action.

If you believe a debt collector has crossed the line, you don’t have to face it alone. At Southeast Client Services Inc., we specialize in identifying FCCPA violations and helping Florida consumers take back control. Whether you’re dealing with harassing calls, false claims, or unlawful threats, our team is here to help you hold collectors accountable.

Contact us  today and let’s put a stop to unfair collection practices together.

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