Florida Statute 559.72 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

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

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F.S. 559.72

559.72 Prohibited practices generally.—In collecting consumer debts, no person shall:

(1) Simulate in any manner a law enforcement officer or a representative of any governmental agency.

(2) Use or threaten force or violence.

(3) Tell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtor’s reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection (6).

(4) Communicate or threaten to communicate with a debtor’s employer before obtaining final judgment against the debtor, unless the debtor gives her or his permission in writing to contact her or his employer or acknowledges in writing the existence of the debt after the debt has been placed for collection. However, this does not prohibit a person from telling the debtor that her or his employer will be contacted if a final judgment is obtained.

(5) Disclose to a person other than the debtor or her or his family information affecting the debtor’s reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false.

(6) Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact. If a disclosure is made before such dispute has been asserted and written notice is received from the debtor that any part of the debt is disputed, and if such dispute is reasonable, the person who made the original disclosure must reveal upon the request of the debtor within 30 days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days.

(7) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family.

(8) Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family.

(9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist.

(10) Use a communication that simulates in any manner legal or judicial process or that gives the appearance of being authorized, issued, or approved by a government, governmental agency, or attorney at law, when it is not.

(11) Communicate with a debtor under the guise of an attorney by using the stationery of an attorney or forms or instruments that only attorneys are authorized to prepare.

(12) Orally communicate with a debtor in a manner that gives the false impression or appearance that such person is or is associated with an attorney.

(13) Advertise or threaten to advertise for sale any debt as a means to enforce payment except under court order or when acting as an assignee for the benefit of a creditor.

(14) Publish or post, threaten to publish or post, or cause to be published or posted before the general public individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts.

(15) Refuse to provide adequate identification of herself or himself or her or his employer or other entity whom she or he represents if requested to do so by a debtor from whom she or he is collecting or attempting to collect a consumer debt.

(16) Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to “Deadbeat, Jane Doe” or “Deadbeat, John Doe.”

(17) Communicate with the debtor between the hours of 9 p.m. and 8 a.m. in the debtor’s time zone without the prior consent of the debtor.

(a) The person may presume that the time a telephone call is received conforms to the local time zone assigned to the area code of the number called, unless the person reasonably believes that the debtor’s telephone is located in a different time zone.

(b) If, such as with toll-free numbers, an area code is not assigned to a specific geographic area, the person may presume that the time a telephone call is received conforms to the local time zone of the debtor’s last known place of residence, unless the person reasonably believes that the debtor’s telephone is located in a different time zone.

(18) Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the debtor’s attorney fails to respond within 30 days to a communication from the person, unless the debtor’s attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication.

(19) Cause a debtor to be charged for communications by concealing the true purpose of the communication, including collect telephone calls and telegram fees.

History.—s. 18, ch. 72-81; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 6, ch. 81-314; ss. 2, 3, ch. 81-318; ss. 1, 3, ch. 83-265; ss. 7, 13, ch. 93-275; s. 819, ch. 97-103; s. 1, ch. 2001-206; s. 4, ch. 2010-127.

F.S. 559.72 on Google Scholar

F.S. 559.72 on Casetext

Amendments to 559.72

Arrestable Offenses / Crimes under Fla. Stat. 559.72

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 559.72.

Annotations, Discussions, Cases:

Cases Citing Statute 559.72

Total Results: 20

Kac 2021-1, LLC, as Assignee for Johnny Smith v. American Homes 4 Rent Properties One, L L C

Court: District Court of Appeal of Florida | Date Filed: 2024-10-30

Snippet: a three-day notice of nonpayment of rent. See § 559.72, Fla. Stat. (2022). Because American Homes was

Robert Baldwin v. Laboratory Corporation of America

Court: District Court of Appeal of Florida | Date Filed: 2024-09-27

Snippet: based on an incorrect interpretation of section 559.72(3), Florida Statutes.

MANUEL COSTA, D.D.S. v. MIAMI LAKES AM, LLC, etc.

Court: District Court of Appeal of Florida | Date Filed: 2023-04-05

Snippet: Florida Consumer Collection Practices Act, section 559.72(18), Florida Statutes (2021), and the Florida

ESTHER BABANI v. BROWARD AUTOMOTIVE, INC. d/b/a AUDI FT. LAUDERDALE

Court: District Court of Appeal of Florida | Date Filed: 2022-09-30

Snippet: against the appellee dealer for damages under section 559.72, Florida Statutes (2019), known as the Florida

Laboratory Corporation of America v. Patty Davis, etc. & Sheridan Radiology Services of Pinellas, Inc. v. Patty Davis, etc.

Court: Supreme Court of Florida | Date Filed: 2022-05-26

Snippet: collect an illegitimate debt, violating section 559.72, Florida Statutes (2014), of the FCCPA.

PETER A. COLOMBO v. ROBERTSON, ANSCHUTZ & SCHNEID, P.L.

Court: District Court of Appeal of Florida | Date Filed: 2022-05-04

Snippet: the law firm for violation of the FCCPA, section 559.72, Florida Statutes (2017), which prohibits a person

QUEST DIAGNOSTICS, INC. v. CHERI HAYNIE

Court: District Court of Appeal of Florida | Date Filed: 2021-04-28

Snippet: small claims court alleging a violation of section 559.72(9), Florida Statutes (2019), of the Florida Consumer

DENISE MOISE v. OLA CONDOMINIUM ASSOCIATION, INC.

Court: District Court of Appeal of Florida | Date Filed: 2021-01-20

Snippet: Florida Consumer Collection Practices Act, section 559.72(9), Florida Statutes, against the Association,

Edward Michael Kelly v. Julie Duggan

Court: District Court of Appeal of Florida | Date Filed: 2019-10-23

Snippet: while attempting to collect a consumer debt. § 559.72, Fla. Stat. (2016). To recover under the FCCPA

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

Court: District Court of Appeal of Florida | Date Filed: 2019-10-16

Snippet: Consumer Collection Practices Act, pursuant to section 559.72, Florida Statutes (2017), in connection with the

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

Court: District Court of Appeal of Florida | Date Filed: 2019-10-16

Snippet: FCCPA, section 559.72(9), for attempting to collect an illegitimate debt, and section 559.72(5), for disclosing

VERIZON WIRELESS PERSONAL COMMUNICATIONS, LP v. CHRISTOPHER BATEMAN

Court: District Court of Appeal of Florida | Date Filed: 2019-02-08

Citation: 264 So. 3d 345

Snippet: -3- the FCCPA, section 559.72(7), (9), and (18), Florida Statutes (2014).2 Mr

Bank of America, N.A. v. Siefker

Court: District Court of Appeal of Florida | Date Filed: 2016-10-13

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

Snippet: administrative and civil remedies for violations of section 559.72.- See §§ 559.730, .77, Fla. Stat. (2012). Another

Brindise v. U.S. Bank National Association

Court: District Court of Appeal of Florida | Date Filed: 2016-01-20

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

Snippet: the alleged failure to provide notice. Section 559.72 prohibits specified debt collection practices.

Ramos v. Cach, LLC

Court: District Court of Appeal of Florida | Date Filed: 2015-12-31

Citation: 183 So. 3d 1149, 2015 Fla. App. LEXIS 19521, 2015 WL 9491850

Snippet: Collection Practices Act (“FCCPA”).1 See §§ 559.715;2 559.72,3 Fla. Stat. (2010). Because no private cause of

Gann v. BAC Home Loans Servicing LP

Court: District Court of Appeal of Florida | Date Filed: 2014-08-15

Citation: 145 So. 3d 906, 2014 WL 3971546, 2014 Fla. App. LEXIS 12518

Snippet: the Bank violated the FCCPA, including section 559.72(9), Florida Statutes (2011). Attached to Gann’s

State v. Beach Blvd Automotive, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2014-05-19

Citation: 139 So. 3d 380, 2014 WL 2040853, 2014 Fla. App. LEXIS 7574

Snippet: pursuant to subsection (3) alleging violations of s. 559.72. The Attorney General may take action against any

Kass Shuler, P.A. v. Barchard

Court: District Court of Appeal of Florida | Date Filed: 2013-08-23

Citation: 120 So. 3d 165, 2013 WL 4483095, 2013 Fla. App. LEXIS 13601

Snippet: Florida Consumer Collection Practices Act, section 559.72, Florida Statutes (2009). The court later dismissed

Baldwin v. Regions Financial Corp.

Court: District Court of Appeal of Florida | Date Filed: 2012-09-19

Citation: 98 So. 3d 1210, 2012 WL 4094147, 2012 Fla. App. LEXIS 15557

Snippet: class action alleging that Regions violated section 559.72(16), Florida Statutes (2010),2 of the Florida Consumer

Dish Network Service L.L.C. v. Myers

Court: District Court of Appeal of Florida | Date Filed: 2012-04-25

Citation: 87 So. 3d 72, 2012 WL 1414936, 2012 Fla. App. LEXIS 6480

Snippet: a member of his family in violation of section 559.72(7). Second, he alleged that DISH attempted to collect