Chapter 8-5 Florida Consumer Collection Practices Act

8-5 Florida Consumer Collection Practices Act

The Florida Consumer Collection Practices Act (FCCPA) prohibits certain collection practices of consumer debt.65 Such prohibitions apply to any "person," not only debt collectors.66 The FCCPA lists 19 separate unlawful collection practices, many of which require intent.67 Foreclosure defendants who assert FCCPA counterclaims may recover actual damages, statutory damages up to $1,000, and attorney's fees with court costs.68

One section of the FCCPA, § 559.715, requires the assignee of "the right to bill and collect a consumer debt" to give the debtor written notice of the assignment "as soon as practicable after the assignment is made."69 Nevertheless, Fla. Stat. § 559.715 does not create a condition precedent to foreclosure.70 Moreover, the Second District Court of Appeal takes a restrictive view of Fla. Stat. § 559.715 and holds that the statute "applies only to assignees of the right to bill and collect a consumer debt not to assignees of the debt itself."71 "Neither is it an affirmative defense to foreclosure actions; it does not establish a condition precedent and in no other way avoids the claims to foreclose a mortgage and enforce a note."72



[65] Fla. Stat. § 559.72; Abby v. Paige, 903 F. Supp. 2d 1330, 1334 (S.D. Fla. 2012).

[66] Fla. Stat. § 559.72.

[67] For example, the FCCPA prohibits communication with a debtor if the person knows the debtor has counsel, Fla. Stat. § 559.72(18), disclosure of information concerning a debt known to be reasonably disputed by a debtor, Fla. Stat. § 559.72(6), and disclosure to a person other than the debtor or his or her family information affecting the debtor's reputation, with knowledge or reason to know the other person does not have a legitimate business need for such information. Fla. Stat. § 559.72(5).

[68] Fla. Stat. § 559.77(2).

[69] Fla. Stat. § 559.715.

[70] United States Bank N.A. v. Adams, 219 So. 3d 211, 214 (Fla. 2d DCA 2017); National Collegiate Student Loan Tr. 2007-1 v. Lipari, 224 So. 3d 309, 311 (Fla. 5th DCA 2017); McCall v. HSBC Bank USA, N.A., 186 So. 3d 1134 (Fla. 1st DCA 2016); Brindise v. U.S. Bank Nat. Ass'n, 183 So. 3d 1215, 1221 (Fla. 2d DCA 2016); Bank of Am., N.A. v. Siefker, 201 So. 3d 811, 818 (Fla. 4th DCA 2016); see Deutsche Bank v. Hagstrom, 203 So. 3d 918, 922-24 (Fla. 2d DCA 2016); Bank of N.Y. Mellon v. Welker, 194 So. 3d 1078, 1079-80 (Fla. 2d DCA 2016).

[71] Deutsche Bank Nat. Tr. Co. v. Hagstrom, 203 So. 3d 918, 921 (Fla...

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