Florida debt law
Florida debt collection laws
Florida's own collection law, the Florida Consumer Collection Practices Act, sits on top of the federal rules and reaches some companies the federal law does not. This guide covers its 19 banned practices, the registration Florida requires of collection agencies, how to check one, your remedies, and where to complain.
How does Florida collection law compare with the federal rules?
Collectors in Florida must follow both laws. Where the federal statute is the floor, the Florida act often adds a firmer number or a wider reach.
| Practice | Florida law | Federal law (FDCPA) |
|---|---|---|
| Who is covered | Any person collecting a consumer debt, original creditors included (559.72). Source (Cornell LII, opens in a new tab) | Mainly collection agencies and debt buyers; a creditor collecting in its own name is not a debt collector (1692a(6)). |
| Calling hours | Not between 9 p.m. and 8 a.m. your time without consent; e-mail is excepted (559.72(17)). Source (Cornell LII, opens in a new tab) | Presumed convenient only after 8 a.m. and before 9 p.m. your local time (1692c(a)(1)). |
| Once you have a lawyer | Contact the lawyer, not you, unless the lawyer fails to respond within 30 days (559.72(18)). Source (Florida Legislature, opens in a new tab) | The same, unless the lawyer fails to respond within a reasonable period of time (1692c(a)(2)). |
| Your employer | No contact before a final judgment unless you gave written permission or acknowledged the debt in writing after it went to collection (559.72(4)). Source (Florida Legislature, opens in a new tab) | No discussing the debt with third parties without your consent or a court's permission, apart from locating you (1692c(b)). |
| Pretending to be official | Banned: simulating police, a government agency, legal process or a lawyer (559.72(1), (10), (11), (12)). Source (Cornell LII, opens in a new tab) | Banned: false government affiliation and papers falsely implied to be legal process (1692e(1), (13)). |
| Lists of people who owe | Banned: publishing or threatening to publish a "deadbeat list" (559.72(14)). Source (Cornell LII, opens in a new tab) | Banned, except reporting to a credit bureau (1692d(3)). |
| Envelopes and postcards | Banned: words on the outside meant to embarrass you (559.72(16)). Source (Cornell LII, opens in a new tab) | Only the collector's address, and a business name that does not reveal debt collection (1692f(8)). |
| Damages and deadline | Actual damages plus up to $1,000; sue within 2 years (559.77). Source (Cornell LII, opens in a new tab) | Actual damages plus up to $1,000; sue within 1 year (1692k). |
| Registration | Consumer collection agencies register with the Office of Financial Regulation each year (559.553). Source (Florida Legislature, opens in a new tab) | The FDCPA itself sets no registration or license. |
Does the Florida law cover the bank or card company itself?
For the banned practices, yes. The list in Fla. Stat. 559.72 (Florida Legislature, opens in a new tab) begins "In collecting consumer debts, a person may not", so it is not limited to collection agencies. The federal FDCPA, by contrast, leaves out a creditor's own employees collecting in the creditor's own name (Cornell LII, opens in a new tab).
Florida also treats a creditor as a debt collector when it collects its own accounts under a different name (Florida Legislature, opens in a new tab) that suggests a third party is collecting.
The two laws work together. Florida's act says it is in addition to the federal law and that the more protective rule prevails (Florida Legislature, opens in a new tab) when they conflict. The federal statute says the same from its side: a state law that gives consumers greater protection (Cornell LII, opens in a new tab) is not inconsistent with it.
Whether a particular company or call is covered depends on the facts. A Florida consumer lawyer can tell you which law applies to what happened.
Does a collection agency need to register in Florida?
Yes, unless it is exempt. A consumer collection agency may not do business in Florida without registering (Florida Legislature, opens in a new tab) with the Office of Financial Regulation and renewing each year. The state says the registration lets the holder collect consumer debts owed to another (Florida Office of Financial Regulation, opens in a new tab), including third-party collectors that hold debts as an assignee.
Collecting without a required registration is a first-degree misdemeanor (Florida Legislature, opens in a new tab).
- Exempt from registering: the original creditor, members of The Florida Bar, banks and other financial institutions and FDIC-insured institutions, licensed real estate brokers, insurance companies and consumer finance companies, among others.
- Some out-of-state collectors that do not solicit accounts from creditors with a Florida business presence are exempt too.
- To check an agency, use the Office of Financial Regulation's Verify a License (Florida Office of Financial Regulation, opens in a new tab) page, which links to its REAL search for collection agencies.
Not finding a company in the search is not proof of wrongdoing, since an exemption may apply or the name may differ. Note what you found and ask a lawyer.
Which collection practices does Florida ban?
Section 559.72 lists 19 practices. These six are the ones people most often ask about, each taken from the statute text (Florida Legislature, opens in a new tab) as it reads in the 2026 Florida Statutes.
- No force or threats of violence, and no profane, obscene or abusive language toward you or your family (559.72(2), (8)).
- No calls or other contact so frequent that it can reasonably be expected to harass you or your family (559.72(7)).
- No trying to enforce a debt the collector knows is not legitimate, or claiming a legal right it knows does not exist (559.72(9)).
- No refusing to identify themselves or the company they work for when you ask (559.72(15)).
- No sharing information that affects your reputation with people who have no legitimate business need for it (559.72(5)).
- No charging you for calls or messages by hiding their purpose, such as collect calls (559.72(19)).
What does Florida law say about a debt you dispute?
Two Florida rules protect a reasonable dispute. A collector may not tell you it will report the debt without also telling you the dispute will be reported, and it may not share a debt it knows you reasonably dispute without saying so (559.72(3), (6) (Florida Legislature, opens in a new tab)).
If a collector shared the debt before you disputed it in writing, it must, on your request, tell everyone it told in the previous 90 days about the dispute within 30 days.
The federal validation rule runs alongside. A collector must send a written notice with the amount and the creditor's name, and you have 30 days after receiving it (Cornell LII, opens in a new tab) to dispute the debt. When a debt buyer is involved, Florida also requires written notice of the assignment at least 30 days before any action (Florida Legislature, opens in a new tab) to collect.
What can you do if a collector breaks Florida law?
You can sue under Fla. Stat. 559.77 (Florida Legislature, opens in a new tab) in the county where the violation happened, or where the collector lives or has its principal place of business. A court can award actual damages, statutory damages up to $1,000, court costs and attorney's fees, and it may add punitive damages or order the collector to stop.
The case must be filed within 2 years of the violation, twice the federal window.
- In setting statutory damages, the court weighs how the collector broke the law, how often, and whether it was intentional.
- A collector is not liable if it proves an unintentional, good-faith error despite reasonable procedures.
- If the court finds a suit raised no real issue of law or fact, the person who sued pays the collector's costs and attorney's fees.
- In applying the remedies section, courts must give great weight to how the FTC and the federal courts read the federal FDCPA.
Keep a log of dates, times, names and what was said, and save letters, voicemails and texts. A consumer lawyer will ask for them.
Where can Floridians report a debt collector?
The Office of Financial Regulation must keep records of complaints about anyone who collects debts (Florida Legislature, opens in a new tab), not only registered agencies, and must investigate them. Its complaint page (Florida Office of Financial Regulation, opens in a new tab) offers a Consumer Collection Agency Complaint Form; you sign it under penalty of perjury.
A registered agency must give the Office a written response within 45 days of its request.
The Florida statute also lets the Attorney General act against anyone who violates it; the Attorney General takes complaints through its online form (Florida Attorney General, opens in a new tab). You can file with the CFPB (CFPB, opens in a new tab) as well.
Where to get legal help
Trouble with a collector in Florida? Free legal help.
We are not a law firm and cannot give legal advice. These are the people who can, many of them free. None of them pays us, and we do not pay them.
-
A lawyer
The Florida Bar Lawyer Referral Service
Matches you with a Florida lawyer for your kind of case. The first 30-minute consultation costs no more than $25. Phone 1-800-342-8011.
Open The Florida Bar (opens in a new tab) -
Legal aid
FloridaLawHelp.org
Run by Florida legal aid organizations: plain-language legal information and a finder for free legal aid providers in Florida.
Open FloridaLawHelp.org (opens in a new tab) -
Court self-help
Florida Courts Help
The Florida courts' own page for self-help centers, free and low-cost legal aid, and court forms.
Open Florida Courts Help (opens in a new tab) -
Legal aid
Free legal aid near you
Legal aid offices give free civil legal help, including with debt lawsuits, to people who qualify. The Legal Services Corporation finder lists the office for your area.
Find legal aid (LSC) (opens in a new tab) -
A lawyer
How to find a consumer lawyer
The CFPB explains where to look for a lawyer who handles debt collection cases, and what experience to look for.
Read the CFPB guide (opens in a new tab)
Things you should know
The downsides, stated plainly.
Read these before you enroll anywhere, including with us. They apply to every debt settlement program.
- Your credit score will drop during the program, and late payments stay on your credit report.
- Creditors may keep collecting while you save, and they can sue. The program does not stop legal action.
- Interest and late fees can keep adding to your balances until each account settles.
- Forgiven debt may be taxable income. A creditor may send you IRS Form 1099-C.
- Fees apply. The fee is 20 to 29% of your enrolled debt, depending on your situation and how you enroll, charged only after a settlement is agreed and the first payment to the creditor is made.
- Not all creditors agree to settle, and not everyone completes the program.
- We do not guarantee any amount, percentage or timeline.
- Debt settlement is not available in all states. We are not a nonprofit or a credit counseling service, and we do not lend money.
- We do not give legal or tax advice. Talk to an attorney or a tax professional about your situation.
What is the Florida Consumer Collection Practices Act?
It is sections 559.55 to 559.785 of the Florida Statutes. It lists 19 practices no one may use to collect a consumer debt, requires collection agencies to register with the Office of Financial Regulation, and lets consumers sue for damages within 2 years.
Does the FCCPA apply to original creditors?
Its list of banned practices does. Section 559.72 says that in collecting consumer debts a person may not do any of the listed things, which includes a bank or card company collecting its own account. Original creditors do not have to register as collection agencies.
What time can debt collectors call in Florida?
Not between 9 p.m. and 8 a.m. in your time zone unless you agreed in advance. The rule does not apply to e-mail sent to an e-mail address.
How do I report a debt collector in Florida?
File a complaint with the Florida Office of Financial Regulation, which has a form for complaints about collection agencies. You can also complain to the Florida Attorney General and to the CFPB.
Sources
Where the facts on this page come from. Each link opens the original in a new tab.
- 01 Florida Legislature Fla. Stat. 559.551: short title (sections 559.55 to 559.785, the Florida Consumer Collection Practices Act) (opens in a new tab)
- 02 Florida Legislature Fla. Stat. 559.55: Florida Consumer Collection Practices Act definitions (consumer debt, debt collector, consumer collection agency) (opens in a new tab)
- 03 Florida Legislature Fla. Stat. 559.552: relationship of state and federal law (the more protective rule prevails) (opens in a new tab)
- 04 Florida Legislature Fla. Stat. 559.553: registration of consumer collection agencies (required; exemptions) (opens in a new tab)
- 05 Florida Legislature Fla. Stat. 559.715: assignment of consumer debts (notice at least 30 days before any action to collect) (opens in a new tab)
- 06 Florida Legislature Fla. Stat. 559.72: prohibited practices generally (applies to any person collecting consumer debts; as amended by ch. 2025-23) (opens in a new tab)
- 07 Florida Legislature Fla. Stat. 559.725: consumer complaints to the Office of Financial Regulation (45-day response rule) (opens in a new tab)
- 08 Florida Legislature Fla. Stat. 559.77: civil remedies (up to $1,000 statutory damages; suits within 2 years) (opens in a new tab)
- 09 Florida Legislature Fla. Stat. 559.785: criminal penalty for collecting without registering (first-degree misdemeanor) (opens in a new tab)
- 10 Florida Office of Financial Regulation Consumer collection agencies: registration and what it authorizes (opens in a new tab)
- 11 Florida Office of Financial Regulation Verify a license: search collection agency registrations in the REAL system (opens in a new tab)
- 12 Florida Office of Financial Regulation Submit a complaint or tip (incl. the Consumer Collection Agency Complaint Form) (opens in a new tab)
- 13 Florida Attorney General Consumer complaint form (opens in a new tab)
- 14 Cornell LII 15 U.S. Code 1692a: FDCPA definitions (a creditor collecting in its own name is not a debt collector) (opens in a new tab)
- 15 Cornell LII 15 U.S. Code 1692c: communication rules (8 a.m. to 9 p.m., represented consumers, third parties) and 1692c(c), a written request that a debt collector stop communicating (opens in a new tab)
- 16 Cornell LII 15 U.S. Code 1692d: harassment or abuse (incl. lists of people who allegedly refuse to pay) (opens in a new tab)
- 17 Cornell LII 15 U.S. Code 1692e: False or misleading representations (incl. arrest threats, government affiliation, fake legal process and disputed debts on credit reports) (opens in a new tab)
- 18 Cornell LII 15 U.S. Code 1692f: unfair practices (nothing but the address on an envelope) (opens in a new tab)
- 19 Cornell LII 15 U.S. Code 1692g: Validation of debts (opens in a new tab)
- 20 Cornell LII 15 U.S. Code 1692k: civil liability (up to $1,000; one year to sue) (opens in a new tab)
- 21 Cornell LII 15 U.S. Code 1692n: state laws that protect consumers more are not inconsistent with the FDCPA (opens in a new tab)
- 22 CFPB Submit a complaint (opens in a new tab)
Next step
Collectors calling about more than one card?
If no account is in court, check an illustrative estimate across your unsecured debt, with our fee shown as its own line.
Four short steps
Your estimate first. Contact details last.
- 1How much you owea close guess is fine
- 2What kinds of debtpick all that apply
- 3Which state you live inchecked before anything else
- 4Your estimate, then a real person if you want one