The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are both laws that regulate the collection of consumer debts, but there are some key differences between the two laws.
One of the main differences is the scope of the laws. The FDCPA is a federal law that applies only to third-party debt collectors, whereas the FCCPA is a state law that applies to both third-party debt collectors and original creditors. This means that the FCCPA provides consumers with additional protections when dealing with the original creditor, such as the right to dispute a debt and the right to be free from harassment, abuse, and deception in connection with the collection of a debt.
Another difference between the two laws is the types of conduct they prohibit. The FDCPA generally prohibits third-party debt collectors from using certain practices such as harassment, false or misleading representations, and unfair practices. The FCCPA also prohibits these types of practices, but it also applies to a broader range of conduct, such as the use of false or misleading statements, the threat to take action that cannot legally be taken and the failure to disclose in writing the debt, amount and creditor when communicating with a consumer.
Another point is the items that the laws applies to, the FDCPA applies to the collection of debts incurred primarily for personal, family, or household purposes. While the FCCPA applies to all transactions for goods and services, so it can include items such as cars, furniture, appliances, etc.
Finally, the remedies provided by each law also differ. The FCCPA allows consumers to recover statutory damages up to $1,000 for each violation, actual damages, attorney’s fees, and court costs. On the other hand, the FDCPA provides consumers with the right to sue for actual damages and statutory damages up to $1,000 for each violation, attorney’s fees and court costs.
It is important for consumers to be aware of their rights under both the FCCPA and FDCPA and to seek legal assistance if they believe that their rights have been violated.
As your legal representative, we are well-versed in the FCCPA and FDCPA. We can use the law to advocate on your behalf and protect your rights as a consumer. Please call if you have any questions or believe your rights have been violated. (561) 684-5787 – We are here for you!