Florida Statute 559.55 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY

View Entire Chapter

F.S. 559.55

559.55 Definitions.—The following terms shall, unless the context otherwise indicates, have the following meanings for the purpose of this part:

(1) “Commission” means the Financial Services Commission.

(2) “Communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.

(3) “Consumer collection agency” means any debt collector or business entity engaged in the business of soliciting consumer debts for collection or of collecting consumer debts, which debt collector or business is not expressly exempted as set forth in s. 559.553(3).

(4) “Control person” means an individual, partnership, corporation, trust, or other organization that possesses the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. The term includes, but is not limited to:

(a) A company’s executive officers, including the president, chief executive officer, chief financial officer, chief operations officer, chief legal officer, chief compliance officer, director, and other individuals having similar status or functions.

(b) For a corporation, a shareholder who, directly or indirectly, owns 10 percent or more or that has the power to vote 10 percent or more, of a class of voting securities unless the applicant is a publicly traded company.

(c) For a partnership, all general partners and limited or special partners who have contributed 10 percent or more or that have the right to receive, upon dissolution, 10 percent or more of the partnership’s capital.

(d) For a trust, each trustee.

(e) For a limited liability company, all elected managers and those members who have contributed 10 percent or more or that have the right to receive, upon dissolution, 10 percent or more of the partnership’s capital.

(5) “Creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but does not include any person to the extent that they receive an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

(6) “Debt” or “consumer debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

(7) “Debt collector” means any person who uses any instrumentality of commerce within this state, whether initiated from within or outside this state, in any business the principal purpose of which is the collection of debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. The term “debt collector” includes any creditor who, in the process of collecting her or his own debts, uses any name other than her or his own which would indicate that a third person is collecting or attempting to collect such debts. The term does not include:

(a) Any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

(b) Any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person is acting as a debt collector for persons to whom it is so related or affiliated and if the principal business of such persons is not the collection of debts;

(c) Any officer or employee of any federal, state, or local governmental body to the extent that collecting or attempting to collect any debt is in the performance of her or his official duties;

(d) Any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

(e) Any not-for-profit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; or

(f) Any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent that such activity is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; concerns a debt which was originated by such person; concerns a debt which was not in default at the time it was obtained by such person; or concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

(8) “Debtor” or “consumer” means any natural person obligated or allegedly obligated to pay any debt.

(9) “Federal Fair Debt Collection Practices Act” or “Federal Act” means the federal legislation regulating fair debt collection practices, as set forth in Pub. L. No. 95-109, as amended and published in 15 U.S.C. ss. 1692 et seq.

(10) “Office” means the Office of Financial Regulation of the commission.

(11) “Out-of-state consumer debt collector” means any person whose business activities in this state involve both collecting or attempting to collect consumer debt from debtors located in this state by means of interstate communication originating from outside this state and soliciting consumer debt accounts for collection from creditors who have a business presence in this state. For purposes of this subsection, a creditor has a business presence in this state if either the creditor or an affiliate or subsidiary of the creditor has an office in this state.

History.—s. 1, ch. 72-81; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 3, 6, ch. 81-314; ss. 2, 3, ch. 81-318; ss. 1, 3, ch. 83-265; ss. 4, 13, ch. 93-275; s. 817, ch. 97-103; s. 677, ch. 2003-261; s. 1, ch. 2014-116; s. 68, ch. 2016-10.

F.S. 559.55 on Google Scholar

F.S. 559.55 on CourtListener

Amendments to 559.55

Annotations, Discussions, Cases:

Cases Citing Statute 559.55

Total Results: 93

LeBlanc v. Unifund CCR Partners

601 F.3d 1185, 2010 U.S. App. LEXIS 6501, 2010 WL 1200691

Court of Appeals for the Eleventh Circuit | Filed: Mar 30, 2010 | Docket: 1578652

Cited 116 times | Published

creditor has an office in this state. FLA. STAT. § 559.55(8). Thus, pursuant to the statutory definition

Kaplan v. Assetcare, Inc.

88 F. Supp. 2d 1355, 2000 U.S. Dist. LEXIS 6150, 2000 WL 290258

District Court, S.D. Florida | Filed: Mar 14, 2000 | Docket: 306743

Cited 74 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.55 to 559.785 ("FCCPA") by Assetcare and Equifax

Seibel v. Society Lease, Inc.

969 F. Supp. 713, 1997 U.S. Dist. LEXIS 9896, 1997 WL 393098

District Court, M.D. Florida | Filed: Jun 5, 1997 | Docket: 1384294

Cited 37 times | Published

definition of a "debt collector" stated in the Section 559.55(6), Florida Statutes, as follows: "Debt collector"

Seibel v. Society Lease, Inc.

969 F. Supp. 713, 1997 U.S. Dist. LEXIS 9896, 1997 WL 393098

District Court, M.D. Florida | Filed: Jun 5, 1997 | Docket: 1384294

Cited 37 times | Published

definition of a "debt collector" stated in the Section 559.55(6), Florida Statutes, as follows: "Debt collector"

Reese v. JPMorgan Chase & Co.

686 F. Supp. 2d 1291, 2009 U.S. Dist. LEXIS 97301, 2009 WL 3346783

District Court, S.D. Florida | Filed: Oct 15, 2009 | Docket: 793229

Cited 29 times | Published

Collection Practices Act ("FCCPA"), Fla. Stat. § 559.55 et seq. Plaintiff alleges that Chase and Chase

Johnnie Teresa Marchisio v. Carrington Mortgage Services, LLC.

919 F.3d 1288

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 2019 | Docket: 14786052

Cited 22 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.55 , et seq . (the "Florida Collections

Oppenheim v. I.C. System, Inc.

627 F.3d 833, 2010 U.S. App. LEXIS 24888, 2010 WL 4940015

Court of Appeals for the Eleventh Circuit | Filed: Dec 7, 2010 | Docket: 920970

Cited 19 times | Published

U.S.C. § 1692a(5) (emphasis added); Fla. Stat. § 559.55(1) (same). Accordingly, the FDCPA and FCCPA apply

McCorriston v. L.W.T., Inc.

536 F. Supp. 2d 1268, 2008 U.S. Dist. LEXIS 13343, 2008 WL 516384

District Court, M.D. Florida | Filed: Feb 22, 2008 | Docket: 306747

Cited 19 times | Published

exempted as set forth in s. 559, 553(4)." Fla. Stat. § 559.55(7).[10] Defendants argue that LWT was not required

Sandlin v. Shapiro & Fishman

919 F. Supp. 1564, 1996 U.S. Dist. LEXIS 3430, 1996 WL 132413

District Court, M.D. Florida | Filed: Feb 23, 1996 | Docket: 1647186

Cited 19 times | Published

obligation for the payment of money...." Fla.Stat. § 559.55. (emphasis added.) The use of the word "any" in

Cook v. Blazer Financial Services

332 So. 2d 677

District Court of Appeal of Florida | Filed: May 18, 1976 | Docket: 1314485

Cited 14 times | Published

agency. The term "collection agency" is defined by § 559.55(4)(a) and in general terms means any person who

Trent v. Mortgage Electronic Registration Systems, Inc.

618 F. Supp. 2d 1356, 2007 U.S. Dist. LEXIS 52826, 2007 WL 2120262

District Court, M.D. Florida | Filed: Jul 20, 2007 | Docket: 306758

Cited 13 times | Published

received a "communication," as defined in F.S. § 559.55(5), from MERS, its agents or its legal counsel

Ferguson v. Credit Management Control, Inc.

140 F. Supp. 2d 1293, 2001 U.S. Dist. LEXIS 4895, 2001 WL 406200

District Court, M.D. Florida | Filed: Mar 23, 2001 | Docket: 306617

Cited 12 times | Published

Collection Practices Act ("FDCPA"), and Fla. Stat. § 559.55, et seq., the Florida Consumer Collection Practices

Schauer v. General Motors Acceptance Corp.

819 So. 2d 809, 2002 WL 429271

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 1496290

Cited 11 times | Published

1999)(on reh'g); § 559.72, Fla. Stat. (1999). Section 559.55(6), Florida Statutes (1999), one of the sections

Berg v. Merchants Ass'n Collection Division, Inc.

586 F. Supp. 2d 1336, 2008 U.S. Dist. LEXIS 94023, 2008 WL 4936432

District Court, S.D. Florida | Filed: Oct 31, 2008 | Docket: 1505238

Cited 10 times | Published

Consumer Collection Practices Act (FCCPA), Fla. Stat. § 559.55. Plaintiff seeks damages and attorney's fees for

Agan v. Katzman & Korr, P.A.

328 F. Supp. 2d 1363, 2004 U.S. Dist. LEXIS 13960, 2004 WL 1724981

District Court, S.D. Florida | Filed: Jul 16, 2004 | Docket: 2311274

Cited 10 times | Published

Consumer Collection Practices Act (FCCPA), Fla. Stat. § 559.55 et seq. [D.E. 1]. In this action Plaintiffs sued

Heard v. Mathis

344 So. 2d 651

District Court of Appeal of Florida | Filed: Apr 19, 1977 | Docket: 474779

Cited 10 times | Published

owed or due." Section 559.55(3). Moreover, a consumer claim as defined in Section 559.55(1) is "... any

Reynolds v. Gables Residential Services, Inc.

428 F. Supp. 2d 1260, 2006 U.S. Dist. LEXIS 23276, 2006 WL 1101614

District Court, M.D. Florida | Filed: Apr 26, 2006 | Docket: 2388440

Cited 9 times | Published

C. § 1692, and FCCPA is codified in Fla. Stat. § 559.55-559.785. This Court has jurisdiction over the

Stephen Holzman v. Malcolm S. Gerald & Associates, Inc.

920 F.3d 1264

Court of Appeals for the Eleventh Circuit | Filed: Apr 5, 2019 | Docket: 14882782

Cited 8 times | Published

Practices Act ("Florida Act"), Florida Statute § 559.55 et seq. , arising from an attempt by

Williams v. Asset Acceptance, LLC (In Re Williams)

392 B.R. 882, 21 Fla. L. Weekly Fed. B 409, 2008 Bankr. LEXIS 2174, 2008 WL 3873821

United States Bankruptcy Court, M.D. Florida | Filed: May 20, 2008 | Docket: 120582

Cited 8 times | Published

obligation between the parties as defined in Fla. Stat. § 559.55(1). Furthermore, Asset has engaged in consumer

Oppenheim v. I.C. System, Inc.

695 F. Supp. 2d 1303, 2010 U.S. Dist. LEXIS 13885, 2010 WL 582770

District Court, M.D. Florida | Filed: Feb 18, 2010 | Docket: 2230981

Cited 7 times | Published

Collection Practices Act ("FCCPA"), Fla. Stat. § 559.55, et seq. Plaintiff further alleges that I.C. System's

Morgan v. Wilkins

74 So. 3d 179, 2011 Fla. App. LEXIS 18125, 2011 WL 5561293

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2353348

Cited 6 times | Published

primarily for personal . . . purposes . . .," section 559.55(1), Florida Statutes (2009), her debt constitutes

Bentley v. Bank of America, N.A.

773 F. Supp. 2d 1367, 2011 U.S. Dist. LEXIS 34600, 2011 WL 1097452

District Court, S.D. Florida | Filed: Mar 23, 2011 | Docket: 2344023

Cited 6 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.55-559.785 ("FCCPA"), the Telephone Consumer Protection

Williams v. Streeps Music Company, Inc.

333 So. 2d 65

District Court of Appeal of Florida | Filed: Jun 11, 1976 | Docket: 1290832

Cited 6 times | Published

"collection agency" as that term is defined in § 559.55. True it is that the greatest portion of §§ 559

Agrelo v. Affinity Management Services, LLC

841 F.3d 944, 2016 U.S. App. LEXIS 20233, 2016 WL 6610212

Court of Appeals for the Eleventh Circuit | Filed: Nov 9, 2016 | Docket: 4487079

Cited 5 times | Published

Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq. The district court held that

Martin v. Allied Interstate, LLC

192 F. Supp. 3d 1296, 94 Fed. R. Serv. 3d 1885, 2016 U.S. Dist. LEXIS 92563, 2016 WL 3619684

District Court, S.D. Florida | Filed: Jun 17, 2016 | Docket: 64309356

Cited 5 times | Published

“debt” in the same manner as the FDCPA. Fla. Stat. § '559.55(1); see also Oppenheim, 627 F.3d at 836-37. Furthermore

Kelliher v. Target National Bank

826 F. Supp. 2d 1324, 2011 U.S. Dist. LEXIS 138196, 2011 WL 6004579

District Court, M.D. Florida | Filed: Nov 23, 2011 | Docket: 1961482

Cited 5 times | Published

to any person through any medium." Fla. Stat. § 559.55(5). Kelliher alleges that Target violated this

ECHEVARRIA, MCCALLA, RAYMER v. Cole

896 So. 2d 773, 2004 WL 3015184

District Court of Appeal of Florida | Filed: Dec 30, 2004 | Docket: 1683551

Cited 5 times | Published

a `consumer debt,' as that term is defined in § 559.55(1) Florida Statutes, which were in excess of the

Deutsche Bank National Trust Co. v. Foxx

971 F. Supp. 2d 1106, 2013 WL 5291128

District Court, M.D. Florida | Filed: Sep 19, 2013 | Docket: 65994277

Cited 4 times | Published

FCCPA only applies to consumer debt. Fla. Stat. § 559.55(1). The second prong differs from the FDCPA in

Owings v. T-Mobile USA, Inc.

978 F. Supp. 2d 1215, 2013 WL 4401824

District Court, M.D. Florida | Filed: Aug 15, 2013 | Docket: 65994949

Cited 4 times | Published

Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq., and the Telephone Consumer Protection

Antoine v. State Farm Mutual Automobile Insurance

662 F. Supp. 2d 1318, 2009 U.S. Dist. LEXIS 70799, 2009 WL 2496290

District Court, M.D. Florida | Filed: Aug 12, 2009 | Docket: 2292982

Cited 4 times | Published

debt or consumer debt as defined by Fla. Stat. § 559.55(1). Doc. 47 at ¶¶ 53 and 55. Because under the

Sanz v. Fernandez

633 F. Supp. 2d 1356, 2009 U.S. Dist. LEXIS 58693, 2009 WL 1965226

District Court, S.D. Florida | Filed: Jul 7, 2009 | Docket: 2375286

Cited 4 times | Published

collection or of collecting consumer debts." Id. § 559.55(7). Under the FCCPA, the definition of a "debt

Rivera v. Amalgamated Debt Collection Services, Inc.

462 F. Supp. 2d 1223, 2006 U.S. Dist. LEXIS 75001, 2006 WL 3393117

District Court, S.D. Florida | Filed: Oct 16, 2006 | Docket: 2192684

Cited 4 times | Published

Practices Act ("FDCPA"), codified at Fla. Stat. § 559.55 et seq., and the Florida Deceptive and Unfair

Coastal Physician Services of Broward County, Inc. v. Ortiz

764 So. 2d 7, 1999 WL 30699

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 134444

Cited 4 times | Published

out-of-state debt collectors. See, e.g., § 501.202(3); § 559.55(6). Other states can protect their own residents

Sandlin v. Shapiro & Fishman

168 F.R.D. 662, 1996 U.S. Dist. LEXIS 14694, 1996 WL 563349

District Court, M.D. Florida | Filed: Sep 30, 1996 | Docket: 66314261

Cited 4 times | Published

are “consumer debts” as defined by Fla.Stats. § 559.55(1). Defendants Shapiro & Fishman and ITT Residential

Leahy-Fernandez v. Bayview Loan Servicing, LLC

159 F. Supp. 3d 1294, 2016 U.S. Dist. LEXIS 12947, 2016 WL 409633

District Court, M.D. Florida | Filed: Feb 3, 2016 | Docket: 64306662

Cited 3 times | Published

Florida Consumer Collections Practices Act, Section 559.55 et seq., Florida Statutes (FCCPA) (Count I);

Bohringer v. Bayview Loan Servicing, LLC

141 F. Supp. 3d 1229, 2015 U.S. Dist. LEXIS 147092, 2015 WL 6561419

District Court, S.D. Florida | Filed: Sep 10, 2015 | Docket: 64305046

Cited 3 times | Published

Collection Practices Act (“FCCPA”), Florida Statute section 559.55 et seq., on the ground Bayview violated Florida

Arianas v. LVNV Funding LLC

54 F. Supp. 3d 1308, 2014 U.S. Dist. LEXIS 153172, 2014 WL 5393607

District Court, M.D. Florida | Filed: Oct 10, 2014 | Docket: 64297911

Cited 3 times | Published

Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq., and the Fair Credit Reporting Act (“FCRA”)

Craig v. Park Financial of Broward County, Inc.

390 F. Supp. 2d 1150, 2005 U.S. Dist. LEXIS 28263, 2005 WL 1026048

District Court, M.D. Florida | Filed: Apr 26, 2005 | Docket: 37984

Cited 3 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.55, which prohibit debt collectors from engaging

VERIZON WIRELESS PERSONAL COMMUNICATIONS, LP v. CHRISTOPHER BATEMAN

264 So. 3d 345

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 14542363

Cited 2 times | Published

obligated to pay any debt.' " (quoting § 559.55(2))); McCaskill v. Navient Sols., Inc., 178 F

Lear v. Select Portfolio Servicing, Inc.

309 F. Supp. 3d 1237

District Court, S.D. Florida | Filed: Apr 25, 2018 | Docket: 64318602

Cited 2 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq. (hereinafter "FCCPA"), and the Federal

Arianas v. LVNV Funding LLC.

132 F. Supp. 3d 1322, 2015 U.S. Dist. LEXIS 112461, 2015 WL 5038269

District Court, M.D. Florida | Filed: Aug 25, 2015 | Docket: 64304338

Cited 2 times | Published

Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq. FCRA Claim, The FCRA creates a private

Fini v. Dish Network L.L.C.

955 F. Supp. 2d 1288, 2013 U.S. Dist. LEXIS 101829, 2013 WL 3815627

District Court, M.D. Florida | Filed: Mar 6, 2013 | Docket: 65992517

Cited 2 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq. (“FCCPA”). Although Defendant admitted

Bacelli v. MFP, INC.

729 F. Supp. 2d 1328, 2010 U.S. Dist. LEXIS 75926, 2010 WL 2985699

District Court, M.D. Florida | Filed: Jul 28, 2010 | Docket: 2337540

Cited 2 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq. ("FCCPA"), because Defendants mailed collection

Deuel v. SANTANDER CONSUMER USA, INC.

700 F. Supp. 2d 1306, 2010 U.S. Dist. LEXIS 32360, 2010 WL 1253035

District Court, S.D. Florida | Filed: Apr 1, 2010 | Docket: 2328023

Cited 2 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq. See DE 1. Defendant has since filed a

North Star Capital Acquisitions, LLC v. Krig

611 F. Supp. 2d 1324, 2009 U.S. Dist. LEXIS 34078, 2009 WL 1076124

District Court, M.D. Florida | Filed: Apr 21, 2009 | Docket: 2144685

Cited 2 times | Published

the Florida Consumer Collection Practices Act, § 559.55-559.785, Florida Statutes (2003) ("FCCPA"). Counterclaim

Shaffer v. Servis One, Inc.

347 F. Supp. 3d 1039

District Court, M.D. Florida | Filed: Nov 5, 2018 | Docket: 64321682

Cited 1 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.55 ("FCCPA"). Dkt. 24 ¶ 1. Count I alleges that BSI

Valle v. First National Collection Bureau, Inc.

252 F. Supp. 3d 1332, 2017 WL 2126830, 2017 U.S. Dist. LEXIS 73907

District Court, S.D. Florida | Filed: May 16, 2017 | Docket: 64314098

Cited 1 times | Published

Consumer Collection Practices Act, Fla.. Stat. § 559.55 et seq., (“FCCPA”). This matter is before the

Bank of America, N.A. v. Siefker

201 So. 3d 811, 2016 Fla. App. LEXIS 15179

District Court of Appeal of Florida | Filed: Oct 13, 2016 | Docket: 60257093

Cited 1 times | Published

default. § 559.715, Fla. Stat. (emphasis added). Section 559.55(1), Florida Statutes (2012), defines “debt”

Bray v. PNC Bank, N.A.

196 F. Supp. 3d 1282, 2016 U.S. Dist. LEXIS 131618, 2016 WL 6609225

District Court, M.D. Florida | Filed: Jul 14, 2016 | Docket: 64309704

Cited 1 times | Published

Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq., and the Telephone Consumer Protection

McCaskill v. Navient Solutions, Inc.

178 F. Supp. 3d 1281, 2016 U.S. Dist. LEXIS 46542, 2016 WL 1367228

District Court, M.D. Florida | Filed: Apr 6, 2016 | Docket: 64308245

Cited 1 times | Published

Collection Practices Act (“FCCPA”), Fla. Stat. §.§ 559.55 et seq., and the Fair Debt Collection Practices

Strauss v. CBE Group, Inc.

173 F. Supp. 3d 1302, 2016 U.S. Dist. LEXIS 45085, 2016 WL 1273913

District Court, S.D. Florida | Filed: Mar 28, 2016 | Docket: 64307845

Cited 1 times | Published

or allegedly obligated to pay ' any debt.” Id, § 559.55(8). Courts have interpreted this language to mean

Kinlock v. Wells Fargo Bank, N.A.

636 F. App'x 785

Court of Appeals for the Eleventh Circuit | Filed: Feb 26, 2016 | Docket: 65961611

Cited 1 times | Published

due another.” 15 U.S.C. § 1692a(6); Fla. Stat. § 559.55(7); Harris, 702 F.3d at 1302. The FDCPA prohibits

Welch v. Green Tree Servicing LLC (In re Runyan)

530 B.R. 801

United States Bankruptcy Court, M.D. Florida | Filed: May 8, 2015 | Docket: 65787480

Cited 1 times | Published

104:18-105:1, 106:21^-107:5. . Doc. No. 1. . § 559.55, Fla. Stat., etseq. . 47 U.S.C. § 227. . The

Rojas v. Law Offices of Daniel C. Consuegra, P.L.

142 F. Supp. 3d 1206, 2015 U.S. Dist. LEXIS 151373, 2015 WL 6777609

District Court, M.D. Florida | Filed: Apr 22, 2015 | Docket: 64305137

Cited 1 times | Published

transaction.” 15 U.S.C. § 1692a(5); Fla. Stat. § 559.55(6). Thus, Dyck-O’Neal argues, the lawsuit does

Williams v. Educational Credit Management Corp.

88 F. Supp. 3d 1338, 2015 U.S. Dist. LEXIS 23425, 2015 WL 847381

District Court, M.D. Florida | Filed: Feb 26, 2015 | Docket: 64300650

Cited 1 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq. (“FCCPA”) and the Fair Debt Collection

McGinity v. Tracfone Wireless, Inc.

5 F. Supp. 3d 1337, 2014 U.S. Dist. LEXIS 40457, 2014 WL 1202950

District Court, M.D. Florida | Filed: Mar 11, 2014 | Docket: 64293749

Cited 1 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq. (“FCCPA”) (Count II), and intentional

Collins v. Erin Capital Management, LLC

991 F. Supp. 2d 1195, 2013 WL 6981174, 2013 U.S. Dist. LEXIS 183302

District Court, S.D. Florida | Filed: Oct 28, 2013 | Docket: 65996697

Cited 1 times | Published

exempted as set forth in [section] 559.553(4).” Id. § 559.55(7). Section 559.553(4) provides an exemption for

Harrier v. Verizon Wireless Personal Communications LP

903 F. Supp. 2d 1281, 2012 WL 4525318, 2012 U.S. Dist. LEXIS 142428

District Court, M.D. Florida | Filed: Oct 2, 2012 | Docket: 65986320

Cited 1 times | Published

Communications LP (“Verizon”) under Fla. Stat. § 559.55 et seq., the Florida Consumer Collection Practices

Erickson v. General Electric Co.

854 F. Supp. 2d 1178, 2012 WL 601171, 2012 U.S. Dist. LEXIS 22583

District Court, M.D. Florida | Filed: Feb 23, 2012 | Docket: 65980457

Cited 1 times | Published

to judgment. 15 U.S.C. § 1692a(5); Fla. Stat. § 559.55(1). Accordingly, the Oppenheim court held that

Desmond v. Accounts Receivable Management, Inc.

72 So. 3d 179, 2011 Fla. App. LEXIS 13050, 2011 WL 3659457

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 60303210

Cited 1 times | Published

person ... allegedly obligated to pay any debt.” § 559.55(2). Because the context of subsection 559.72(7)

Desmond v. Accounts Receivable Management, Inc.

72 So. 3d 179, 2011 Fla. App. LEXIS 13050, 2011 WL 3659457

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 60303210

Cited 1 times | Published

person ... allegedly obligated to pay any debt.” § 559.55(2). Because the context of subsection 559.72(7)

Birster v. American Home Mortgage Servicing, Inc.

796 F. Supp. 2d 1376, 2011 WL 2678927

District Court, S.D. Florida | Filed: Jul 7, 2011 | Docket: 1997824

Cited 1 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.55, et seq. ("FCCPA"), and intentional infliction

Eke v. Firstbank Florida

779 F. Supp. 2d 1354, 2011 WL 1543379

District Court, S.D. Florida | Filed: Mar 11, 2011 | Docket: 2013167

Cited 1 times | Published

Collections Practices Act ("FCCPA"), Fla. Stat. § 559.55 et seq., when they attempted to collect rent from

Conner v. BCC FINANCIAL MANAGEMENT SERVICES, INC.

597 F. Supp. 2d 1299, 2008 U.S. Dist. LEXIS 108305, 2008 WL 5597653

District Court, S.D. Florida | Filed: Jun 25, 2008 | Docket: 2319540

Cited 1 times | Published

Collection Practices Act ("FCCPA"), Fla. Stat. § 559.55. The initial Complaint [D.E. 1], filed on September

Kac 2021-1, LLC. as Assignee for Jenka Hill v. Hudson Sfr Property Holdings, LLC

District Court of Appeal of Florida | Filed: May 2, 2025 | Docket: 70053911

Published

'debt collector' exemptions" of section 559.55(7). The trial court reasoned that section 83

KAC 2021-1 LLC A/A/O Theresa Previte v. Mary T. Matuszak Irrevocable Trust and Lorrain B. Terrazas, Trustee

District Court of Appeal of Florida | Filed: Jan 8, 2025 | Docket: 69525398

Published

obligated or allegedly obligated to pay any debt.” § 559.55(8), Fla. Stat. (2023). And the Act defines a “debt”

Constance Daniels v. Select Portfolio Servicing, Inc.

Court of Appeals for the Eleventh Circuit | Filed: May 24, 2022 | Docket: 63334912

Published

judgment.” See 15 U.S.C. § 1692a(5); Fla. Stat. § 559.55(6). And they both define “communication” as “the

Amanda Lawson-Ross v. Great Lakes Higher Education Corp.

Court of Appeals for the Eleventh Circuit | Filed: Apr 10, 2020 | Docket: 17060890

Published

Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq. The district court ruled that

Randolph Sellers v. Rushmore Loan Management Services, LLC

Court of Appeals for the Eleventh Circuit | Filed: Oct 29, 2019 | Docket: 16395776

Published

Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq. The Sellerses alleged that Rushmore made

Edward Michael Kelly v. Julie Duggan

District Court of Appeal of Florida | Filed: Oct 23, 2019 | Docket: 16368643

Published

obligation has been reduced to judgment. § 559.55(6), Fla. Stat. This statutory definition has not

ZACARIAS CABRERA v. U.S. BANK NATIONAL ASSOC., ETC

District Court of Appeal of Florida | Filed: Oct 16, 2019 | Docket: 16338044

Published

were “consumer debts” within the meaning of section 559.55(6), Florida Statutes (2006). These elements

PATTY DAVIS v. SHERIDAN HEALTHCARE, INC. AND SHERIDAN RADIOLOGY SERVICES OF PINELLAS, INC.

District Court of Appeal of Florida | Filed: Oct 16, 2019 | Docket: 16338041

Published

wherein credit has been . . . extended," § 559.55(1)). Without deciding that issue—as it is not

Lee v. McCarthy

297 F. Supp. 3d 1343

District Court, S.D. Florida | Filed: Dec 19, 2017 | Docket: 64317605

Published

creditor has an office in this state. Fla. Stat. § 559.55. Plaintiff contends that it is entitled to judgment

Ray v. NPRTO Fla., LLC

322 F. Supp. 3d 1261

District Court, M.D. Florida | Filed: Dec 18, 2017 | Docket: 64319795

Published

the Florida Consumer Collection Practices Act, § 559.55 et seq. , Florida Statutes (the "FCCPA"); and

Miller v. Ginny's Inc.

287 F. Supp. 3d 1324

District Court, M.D. Florida | Filed: Dec 13, 2017 | Docket: 64316713

Published

obligated or allegedly obligated to pay any debt." Id. § 559.55(8). Miller qualifies as a debtor. 1. Harassing

Castellanos v. Portfolio Recovery Assocs., LLC

297 F. Supp. 3d 1301

District Court, S.D. Florida | Filed: Nov 3, 2017 | Docket: 64317601

Published

Consumer Collection Practices Act, Fla. Stat. § 559.55, et seq. (the "FCCPA"), by: (1) improperly sending

Wright v. Dyck-O'Neal, Inc.

237 F. Supp. 3d 1218, 2017 U.S. Dist. LEXIS 21064, 2017 WL 698269

District Court, M.D. Florida | Filed: Feb 15, 2017 | Docket: 64312915

Published

Collection Protections Act (“FCCPA”), Fla. Stat. § 559.55 et seq.,3 in collecting on the deficiency balances

Jimenez v. Account Services

233 F. Supp. 3d 1359, 2017 WL 455206, 2017 U.S. Dist. LEXIS 14603

District Court, S.D. Florida | Filed: Feb 1, 2017 | Docket: 64312595

Published

U.S.C. § 1692a(5) (emphasis added); Fla. Stat. § 559,55(1) (same).- , Accordingly,, the FDCPA and FCCPA

Dyck O'Neal, Inc. v. Ward

216 So. 3d 664, 2017 WL 382386, 2017 Fla. App. LEXIS 878

District Court of Appeal of Florida | Filed: Jan 27, 2017 | Docket: 4574693

Published

such obligation has been reduced to judgment.”); § 559.55(6) (“ ’Debt’ or ’consumer debt’ means any obligation

Kozak v. Medicredit, Inc.

318 F.R.D. 684, 95 Fed. R. Serv. 3d 879, 2016 WL 4527511, 2016 U.S. Dist. LEXIS 116067

District Court, M.D. Florida | Filed: Aug 30, 2016 | Docket: 66058431

Published

Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55, and the Telephone Consumer Protection Act, (“TOPA”)

Prescott v. Seterus, Inc.

194 F. Supp. 3d 1290, 2016 U.S. Dist. LEXIS 107693, 2016 WL 4257517

District Court, S.D. Florida | Filed: Jul 7, 2016 | Docket: 64309544

Published

Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq. (“FCCPA”). See ECF No. [1] (Complaint)

Harrington v. Roundpoint Mortgage Servicing Corp.

163 F. Supp. 3d 1240, 2016 U.S. Dist. LEXIS 19663

District Court, M.D. Florida | Filed: Feb 18, 2016 | Docket: 64307006

Published

Consumer Collection Practices Act CFCCPA), Fla. Stat. § 559.55 et seq. RoundPoint allegedly violated § 559.72(7)

Brindise v. U.S. Bank National Association

183 So. 3d 1215, 2016 Fla. App. LEXIS 653, 2016 WL 229572

District Court of Appeal of Florida | Filed: Jan 20, 2016 | Docket: 3029528

Published

enforcing a security interest, under FDCPA). Section 559.55(6)3 defines “debt” or “consumer debt” as “any

Rojas v. Law Offices of Daniel C. Consuegra, P.L.

142 F. Supp. 3d 1217, 2015 U.S. Dist. LEXIS 152210, 2015 WL 6777990

District Court, M.D. Florida | Filed: Jul 22, 2015 | Docket: 64305138

Published

or legal status of a debt (Count IV); and section 559.55(2), Florida Statutes, for attempting to enforce

Einhorn v. CarePlus Health Plans, Inc.

43 F. Supp. 3d 1329, 2014 U.S. Dist. LEXIS 126124, 2014 WL 4385912

District Court, S.D. Florida | Filed: Sep 3, 2014 | Docket: 64297020

Published

Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq. (hereinafter the “FCCPA”) by, among, other

Einhorn v. CarePlus Health Plans, Inc.

43 F. Supp. 3d 1268, 2014 U.S. Dist. LEXIS 126218, 2014 WL 4385882

District Court, S.D. Florida | Filed: Aug 18, 2014 | Docket: 64297016

Published

Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq. (hereinafter the “FCCPA”) by, among other

Deutsche Bank National Trust Co. v. Foxx

939 F. Supp. 2d 1266, 2013 WL 1501846, 2013 U.S. Dist. LEXIS 55112

District Court, M.D. Florida | Filed: Apr 15, 2013 | Docket: 65990607

Published

Count II alleges, "Violation of Florida Statutes § 559.55 et seq., and Federal Fair Debt Collection Practices

Abby v. Paige

903 F. Supp. 2d 1330, 2012 WL 2930529, 2012 U.S. Dist. LEXIS 99516

District Court, S.D. Florida | Filed: Jul 18, 2012 | Docket: 65986327

Published

Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq., whether Defendant Robert Paige qualifies

Bate v. Wells Fargo Bank, N.A. (In Re Bate)

454 B.R. 869, 2011 WL 2473493

United States Bankruptcy Court, M.D. Florida | Filed: Jun 22, 2011 | Docket: 2069583

Published

12 U.S.C. § 1, et seq. ("NBA"). [2] Fla. Stat. § 559.55 et seq. ("FCCPA"). [3] See, e.g., Complaint at

Barry Oppenheim v. I.C. System, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Dec 7, 2010 | Docket: 2906749

Published

U.S.C. § 1692a(5) (emphasis added); Fla. Stat. § 559.55(1) (same). Accordingly, the FDCPA and FCCPA apply

Dennis v. American Medical Express Corp.

763 So. 2d 392, 2000 Fla. App. LEXIS 5539, 2000 WL 561574

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 64799013

Published

Practices Acts, see 15 U.S.C. § 1692a(5), (6); § 559.55(1), (6), Fla. Stat. (1995), and that there was

White v. Federal Financial Corp.

379 So. 2d 136, 1980 Fla. App. LEXIS 15441

District Court of Appeal of Florida | Filed: Jan 4, 1980 | Docket: 64574003

Published

agency pursuant to the definition found in Section 559.55, in that by itself or through others the telephone

Carter Opticians, Inc. v. Davis

367 So. 2d 227, 1979 Fla. App. LEXIS 13945

District Court of Appeal of Florida | Filed: Jan 4, 1979 | Docket: 64568416

Published

and the cause was transferred to circuit court. § 559.55(1), Florida Statutes (1975), provides that a “consumer