Florida · FDCPA Cease & Desist
How to Stop Debt Collector Calls in Florida
Florida has two layers of protection against abusive debt collectors. The federal FDCPA (15 U.S.C. Section 1692c(c)) mandates that third-party collectors stop contact upon written request. Florida's Consumer Collection Practices Act (Fla. Stat. Section 559.72) goes further. It applies to original creditors as well, imposes stricter conduct rules, and allows actual damages plus up to $1,000 in statutory damages per lawsuit, and attorney's fees.
Florida's FCCPA is stricter than the FDCPA and covers original creditors, collectors can face actual damages plus up to $1,000 in statutory damages per lawsuit, and attorney fees.
Federal law
15 U.S.C. Section 1692c(c) (FDCPA)
Florida state law
Florida Consumer Collection Practices Act
Fla. Stat. Section 559.72
Florida-Specific Protections
Florida's Consumer Collection Practices Act (Fla. Stat. Section 559.72) imposes stricter harassment prohibitions than the federal FDCPA. It covers original creditors and third-party collectors equally and prohibits contact at times or places known to be inconvenient to the debtor. Violations allow recovery of actual damages plus $1,000 statutory damages and attorney's fees.
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Auto-cites 15 U.S.C. Section 1692c(c) (FDCPA) and Fla. Stat. Section 559.72. Formatted for USPS Certified Mail. Instant PDF download.
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Florida Debt Collector Cease & Desist FAQs
What's the difference between the FDCPA and Florida's debt collection law?▾
The FDCPA covers only third-party debt collectors. Florida's FCCPA (Fla. Stat. Section 559.72) applies to all persons collecting consumer debts, including the original creditor (e.g., your bank or landlord), and includes additional restrictions on harassment and inconvenient-time contact.
What happens after a debt collector receives my cease-and-desist in Florida?▾
Under both the FDCPA and FCCPA, the collector must cease contact after receiving your written request. Under Fla. Stat. Section 559.77, a consumer can recover actual damages, up to $1,000 in additional statutory damages, and attorney's fees.
Do I need a lawyer to send a cease-and-desist letter?▾
No for sending the cease-and-desist. If violations continue, Florida has an active plaintiff's consumer protection bar, many attorneys take FCCPA cases on contingency given the statutory damages.
Does a cease-and-desist letter actually stop debt collectors in Florida?▾
Yes. Florida collectors face both federal FDCPA and state FCCPA liability. A written cease-and-desist citing both statutes is a powerful signal that you will pursue available remedies.
Cease & desist rights by state
Laws change. Verify current rules with a consumer protection attorney or your state AG. kweldoc is a document drafting tool, not a law firm.