October 1, 2017
What Does FCCPA and FDCPA Stand For?
If you are experiencing problems with old debts or being harassed by debt collectors and do any research, you will likely hear a lot about the acronyms FCCPA and FDCPA. They stand for the Florida Consumer Collection Protection Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). These statues are important for consumers who feel they are being bullied by debt collectors and are very similar statues, with Florida citizens given extra protection with the FCCPA.
How Does FDCPA and FCCPA Protect Consumers?
The FDCPA and the FCCPA are both meant to protect consumers from harassment from debt collectors. The statutes mandate when a debt collector or creditor can try to collect a debt, how they can attempt to collect, who they may speak to and the type of communication during the calls. When any of the rules of these statutes has been violated, the debt collector or creditor may be liable for damages to the consumer.
The Similarities of the FDCPA and FCCPA
While much of the wording of the statutes are similar, they do not exactly match. If the court has to decide between the federal or state version of these laws, the judge is obligated to choose the statue which will benefit the consumer the most.
In most cases, the courts decisions in interpreting the statues are often similar. The FCCPA requires that Florida judges examine FDCPA interpretation for guidance on applying the Florida version of the statue. Because of this, many of the rulings using either the FCCPA or FDCPA are comparable.
The Differences Between FDCPA and FCCPA
The primary difference between the statutes emerge with damages. With the FDCPA, a debt collector can be responsible for the consumer’s attorney fees, damages and up to $1,000 in fines for each claim. The FCCPA distinction is it also allows the consumer to seek punitive damages. If the jury or judge feels the debt collector actions indicate punitive damages, then the consumer could win an unlimited amount.
Get Assistance from Steven M. Fishman
People in Florida who have been harassed by debt collectors and creditors can use both the FDCPA and the FCCPA to seek damages. Call Steven M. Fishman today to talk to an understanding and experienced attorney during a free no-obligation consultation where you can get a personal review of your debt collection claim to help you determine if you should use either or both statues for debt relief and possible compensation.
If you do not have a case for FDCPA or FCCPA, he may still be able to assist you in getting debt relief with several different avenues including filing Bankruptcy and help with tax debt liabilities. Steven M. Fishman is an attorney dedicated to providing debt relief solutions to residents of Pinellas County so contact him today to get started on a financial fresh start.
What Are FCCPA and FDCPA?
- Get up to $1000 in statutory damages
- Get $500 – $1500 per call for illegal Robocalls or text messages
- All legal fees are paid by the debt collector
- Get paid for errors on your credit report
- 100% Free case review
Steven M. Fishman practices in Clearwater. He currently serves as a Director of the CBA and has Chaired the CBA Bankruptcy Section for over 6,052 days.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. We are a debt relief agency. We help people file for bankruptcy under the United States Bankruptcy Code