Debt Collectors Calling You in Florida: Your Rights Under State and Federal Law
The one thing most people don’t know: Florida’s law is broader than federal law
The federal Fair Debt Collection Practices Act (FDCPA) only restricts third-party debt collectors and debt buyers — it generally does not apply to an original creditor collecting its own debt. Florida’s Consumer Collection Practices Act (FCCPA), Fla. Stat. §§ 559.55–559.785, closes that gap: its core prohibition in § 559.72 applies to “a person” collecting a consumer debt, not just a licensed third-party collector — which means it covers original creditors too, in addition to collection agencies and debt buyers.
What a collector cannot do, under either law
Call before 8 a.m. or after 9 p.m.
Keep calling you at work after you’ve said stop
Threaten, harass, or misrepresent themselves
Keep contacting you once they know you have an attorney
Your right to dispute the debt in writing
Within 30 days of a collector’s initial written notice, you have the right to send a written dispute demanding the collector verify the debt. Once you dispute in writing, the collector must stop collection efforts until they provide verification. This 30-day window comes from federal Regulation F — Florida’s FCCPA doesn’t have its own separate validation-notice deadline, so this federal right is the one that applies.
Don’t confuse this with a different Florida 30-day rule
How long can a debt actually be collected on in Florida?
Florida’s statute of limitations for filing a lawsuit over debt is set by Fla. Stat. § 95.11: 5 years for a debt based on a written contract, and 4 years for a debt based on an unwritten or open-account agreement (which is how many credit-card debts are treated, though this can be fact-specific). Once the limitations period passes, a collector generally can’t successfully sue you over it — but they can often still legally contact you to ask for payment.
The “zombie debt” trap
Making even a partial payment, or acknowledging an old debt in writing, can restart that clock in many states. We could not confirm a specific Florida statute codifying this “revival” rule the way § 95.11 sets the original period — the safest approach if you’re contacted about an old debt you don’t recognize, or think may be time-barred, is to get advice from a Florida legal aid organization before paying anything or agreeing to anything in writing. See our verified directory of Miami-Dade legal aid organizations.
Where to complain if a collector breaks the rules
You can file a complaint with the CFPB or with the Florida Attorney General’s Consumer Protection Division. If a collector violated the FCCPA, Florida law also allows consumers to bring a private lawsuit for damages — a legal aid organization or consumer-rights attorney can tell you whether your situation qualifies.
Frequently asked questions
Can a debt collector garnish my wages just by calling me?
No. A collector needs a court judgment before garnishing wages, and even then, Florida’s head-of-household exemption may protect some or all of your wages. See our guide on being sued over debt in Florida for how wage garnishment actually works here.
Does Florida law protect me if the original creditor (not a collection agency) is calling?
Yes — this is the key difference from federal law. The FCCPA’s core prohibitions in § 559.72 apply to “a person” collecting a consumer debt, which Florida courts and the statute’s text extend to original creditors, not just third-party agencies.
What should I do the first time a collector calls about a debt I don’t recognize?
Ask for it in writing, and don’t confirm any personal information or make a payment on the spot. You have the right to a written validation notice and 30 days to dispute it before the collector can continue collection efforts.