Florida Debt Collection Law at a Glance
Federal Protection
15 USC §1692g — Fair Debt Collection Practices Act. 30-day validation window from first written contact. Collector must cease collection upon written dispute.
State Supplement
Fla. Stat. §559.55 et seq. — Florida Consumer Collection Practices Act
Covers original creditors — not just third-party collectors.
Damages available: Actual damages plus statutory damages, attorney fees, and court costs
Collector Licensing
Debt collectors in Florida must be licensed under Fla. Stat. §559.553. Unlicensed collection activity may constitute an additional violation.
Statute of Limitations
- Credit card / revolving: 5 years
- Written contracts: 5 years
- Oral contracts: 4 years
- Promissory notes: 5 years
- (Fla. Stat. §95.11)
Where to File Complaints
- Florida Attorney General Consumer Protection Division
- Consumer Financial Protection Bureau (CFPB)
- Federal Trade Commission (FTC)
Small claims limit: $8,000
Additional Protections
- FCCPA applies to original creditors AND third-party collectors
- Consumer collection agencies must register with the Florida Office of Financial Regulation
- Prohibits simulating legal process, communicating with debtor's employer, and other abusive practices
- Private right of action with actual damages and attorney fees
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Florida Debt Validation FAQ
What is the FDCPA 30-day validation period for debt collectors contacting me in Florida?
Under the Fair Debt Collection Practices Act (15 USC §1692g), you have 30 calendar days from the date a debt collector first contacts you in writing to request validation of the debt. During this time, the collector must cease collection activity if you dispute the debt in writing. This federal right applies in all 50 states including Florida.
Does Florida have its own debt collection protection law beyond the FDCPA?
Yes. Florida provides additional consumer protections under Fla. Stat. §559.55 et seq. (Florida Consumer Collection Practices Act). Notably, Florida law extends protections to cover original creditors, not just third-party debt collectors. Violations may result in: Actual damages plus statutory damages, attorney fees, and court costs.
Are debt collectors required to be licensed in Florida?
Yes. Under Fla. Stat. §559.553, debt collectors operating in Florida must be licensed. If a collector contacting you is not properly licensed, this may constitute an additional violation that strengthens your dispute.
What is the statute of limitations on debt in Florida?
In Florida, the statute of limitations varies by debt type: credit card/revolving debt is 5 years, written contracts are 5 years, and oral contracts are 4 years (Fla. Stat. §95.11). If your debt is past the statute of limitations, a collector cannot legally sue you to collect it, and threatening legal action on time-barred debt may violate the FDCPA.
What should I include in a debt validation letter sent from Florida?
Your debt validation letter should: (1) reference the FDCPA (15 USC §1692g), (2) demand verification of the debt amount, (3) request proof of the collector's authority to collect, (4) ask for the original creditor's name and address, (5) request a copy of the original agreement, and (6) cite any applicable Florida state protections. Send via certified mail, return receipt requested.
Can I sue a debt collector who violates my rights in Florida?
Yes. Under the FDCPA (15 USC §1692k), you can sue for up to $1,000 in statutory damages plus actual damages and attorney fees. Under Florida law, you may also seek: Actual damages plus statutory damages, attorney fees, and court costs. You can file in Florida small claims court for claims up to $8,000.
Debt Validation Letters by State
Select your state to see your specific protections.