If you are surrounded by debt, and you’ve started doing some research on debt collection practices, you may hear a variety of acronyms thrown around. In Florida, two of the most important acronyms are the FDCPA and FCCPA.
Consumer law is complex and has hundreds of intricacies. It’s essential to understand these complexities when you file a claim against debt collector harassment. Learn about the differences between FCCPA and FDCPA:.
The Florida Consumer Collection Protection Act (FCCPA) and the Federal Debt Collection Protection Act (FDCPA) are essential statutes to consider when you experience debt collection harassment.
Both the FCCPA and the FDCPA exist to protect consumers from debt collection harassment. These statutes outline when a creditor can attempt to collect a debt, how they can try to collect, who the collectors may speak to, and the content of their communications.
If a debt collector or creditor violates any of these rules, they can be held liable and sued for damages to the consumer.
There are a few fundamental similarities to understand before filing a claim. The two statutes were created to dictate the manner in which debt collectors can interact with consumers and protect these consumers from harassment. In some cases, the judge may be required to decide which of the two statutes will more greatly benefit the consumer.
Courts typically interpret the federal and state statutes similarly. Florida judges are required to examine FDCPA interpretations for guidance when applying the Florida version of the statue. This means that the rulings between FCCPA and FDCPA cases are often comparable.
Violations of the FDCPA and FCCPA can result in compensation for the consumer. If you believe you’ve encountered a breach of either of these statutes, it’s essential to contact an experienced consumer law attorney that can help you seek damages for harassment today.
One of the key differences between the FCCPA and FDCPA include the damages the consumer may receive. Under the FDCPA and FCCPA, debt collectors may be responsible for attorney fees, actual damages, and up to $1,000 in fines.
However, the FCCPA also allows the consumer to seek punitive damages. If the judge or jury believes that the debt collector’s actions warrant punitive damages, the amount the consumer can receive is unlimited. The FCCPA also applies to creditors and not just debt collectors.
If you believe you have encountered debt collection harassment in the state of Florida, you may be able to seek damages under the FCCPA and FDCPA. Enlist the help of an experienced consumer law attorney to help you navigate your case and receive compensation.
The Law Offices of Jibrael S. Hindi have experience litigating hundreds of debt collector harassment cases and are eager to help you today. Reach out to our office to see if whether the debt collector has violated the FDCPA or FCCPA. There are no attorney fees until you get paid! Contact our experts at 1-844-JIBRAEL for a free case evaluation.