1. The Florida Consumer Collection Practices Act (“FCCPA”) and the federal Fair Debt Collection Practices Act (“FDCPA”) protect consumers from abusive debt collection practices.
2. Florida law gives great weight to the interpretation of the FDCPA by the Federal Trade Commission and federal courts when addressing civil remedies under the FCCPA.
3. Attorneys are considered debt collectors under both the FCCPA and FDCPA when they are operating as consumer debt collectors.
4. Attorneys must provide a full disclosure statement and validation notice to debtors when communicating with them as debt collectors. – The validation notice for debt collection must include the amount of debt, name of creditor, and explanation of the 30 day dispute period.
– The 2014 Florida Legislative session made changes to the FCCPA regarding collection agency registration and enforcement actions for out-of-state debt collectors.
– Florida federal court precedent suggests that damages in excess of $1,000 are possible for FCCPA and FDCPA violations, as seen in Beeders v. Gulf Coast Collection Bureau. 1. The Beeders court determined that the FCCPA allows for a maximum award of $1,000 per defendant for each violation.
2. The court interpreted “adjudication” to mean a final determination or judgment, and concluded that each count constituted an adjudication.
3. Therefore, each individual telephone call made in violation of the FCCPA could result in an award up to $1,000 for each violation.
4. It is advisable to consult with an attorney if there are questions about whether one is considered a debt collector and the obligations under the FDCPA and FCCPA.
https://www.jimersonfirm.com/blog/2014/08/debt-collection-florida-know-rules/
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