Florida Business Invoice Debt Collection: Understanding FCCPA & FDCPA Guidelines

Key Takeaways

• Florida businesses face statutory damages plus attorney fees for FCCPA violations when collecting consumer debts, making compliance critical for avoiding costly lawsuits.
• The Florida Consumer Collection Practices Act (FCCPA) applies to original creditors, unlike the federal FDCPA, meaning Florida businesses must comply even when collecting their own consumer debts.
• Prohibited practices include communication outside 9 PM to 8 AM quiet hours, with specific exemptions for email communications under Florida law as amended in 2025.
• Professional collection services ensure legal compliance while improving recovery rates through proper training and registration requirements.
• Florida's contract-based statute of limitations varies—five years for written agreements versus four years for oral contracts.

Florida business owners collecting consumer invoice debts navigate a complex regulatory landscape that extends beyond federal requirements. Understanding both state and federal debt collection laws prevents costly legal mistakes while protecting business relationships and reputation.

Florida Businesses Face Statutory Damages Plus Attorney Fees for FCCPA Violations

Florida businesses collecting unpaid consumer invoices face significant financial exposure under Florida's Consumer Collection Practices Act (FCCPA). The statute allows consumers to sue creditors for even minor violations, with recovery of statutory damages, actual damages, punitive damages, attorney fees, and court costs.

Violations can lead to individual lawsuits, class actions, or regulatory fines that harm a company's reputation and customer confidence. Compliance is essential for businesses that extend credit or issue invoices for personal, family, or household purposes.

FCCPA Covers Original Creditors, Unlike Federal FDCPA

1. FCCPA Applies When Collecting Your Own Consumer Debts

The Florida Consumer Collection Practices Act applies to all "persons" collecting consumer debts, including original creditors. This broader reach distinguishes FCCPA from the federal Fair Debt Collection Practices Act (FDCPA), which primarily governs third-party debt collectors.

Original creditors often assume exemption from debt collection laws, but Florida's broader approach creates compliance duties even during in‑house collection efforts.

2. Third-Party Collectors Must Register with the Florida OFR

Third-party collection agencies operating in Florida must register with the Florida Office of Financial Regulation (OFR). Failing to register can bring administrative fines of up to $10,000 per enforcement action.

While original creditors collecting their own debts are typically exempt from registration, they still must comply with all FCCPA conduct standards.

Prohibited Collection Practices That Lead to Lawsuits

1. Communication Quiet Hours 9 PM to 8 AM (Email Now Exempt)

Florida law prohibits contacting debtors before 8 AM or after 9 PM, unless the debtor consents otherwise.

However, a May 2025 amendment (SB 232) clarified that email communications are not restricted by these quiet hours. Courts previously disagreed on this issue, and the amendment resolved the ambiguity by confirming that emails are "less disruptive" than calls.

FDCPA provisions (15 U.S.C. § 1692c(a)(1)) still apply to third‑party collectors and generally restrict all communications—including emails—at unusual times or places known to be inconvenient to the consumer.

2. Threats, Harassment, and Deceptive Tactics Are Banned

Both FCCPA (§ 559.72) and FDCPA prohibit using threats, obscene language, or false representations during debt collection. Prohibited behaviors include pretending to be law enforcement, misrepresenting the debt amount, or harassing a debtor with excessive contact.

Staff should maintain factual, respectful communications and document all contacts to demonstrate legal compliance.

3. Disputed Debts Must Be Properly Handled

Under the FDCPA, third‑party collectors must suspend collection when a debt is disputed until verification is provided (§ 1692g).

The FCCPA imposes related but distinct obligations—such as prohibiting the disclosure of disputed debts without noting the dispute (§ 559.72(6)).

Florida businesses should keep accurate records of invoices and communications to respond appropriately to disputes.

Florida's Contract-Based Statute of Limitations

• Written contracts: 5 years (Fla. Stat. § 95.11(2)(b))
• Oral contracts: 4 years (§ 95.11(3)(k))
• These periods generally run from the last payment or acknowledgment of the debt. Detailed written agreements are strongly recommended to extend collection rights and avoid ambiguity.

FDUTPA May Apply to Deceptive Collection Practices

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA, §§ 501.201-.213) can apply to deceptive or unfair collection conduct, even apart from FCCPA violations. FDUTPA allows recovery of actual damages, attorney fees, and court costs, meaning one collection misstep could trigger multiple claims.

Key Compliance Strategies for Florida Businesses

1. Implement Clear Debt Collection Policies
2. Document procedures for proper timing, communication, dispute handling, and escalation. Written policies also demonstrate good-faith compliance if litigation arises.
3. Train Staff on FCCPA and FDCPA Requirements
4. Regular training minimizes accidental violations. Employees should know which debts are "consumer" debts, what communications are prohibited, and how to handle disputes.
5. Partner with Licensed Collection Agencies
6. Verified, registered agencies maintain compliance expertise, proper documentation, and higher recovery rates—reducing both legal and reputational risk.

Professional Collection Services Ensure Legal Compliance and Recovery

Licensed collection agencies combine regulatory knowledge with efficient recovery methods. Their registration status, training, and documentation systems help Florida businesses stay on the right side of both FCCPA and FDCPA while improving results.