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: Fla. Dist. Ct. App. | Date Filed: 2024-10-30T00:00:00-07:00

Snippet: a three-day notice of nonpayment of rent. See § 559.72, Fla. Stat. (2022). Because American Homes was …related to any violation of the provisions of section 559.72). American Homes owns the residential property …complaint, KAC alleged American Homes violated section 559.72(5)2 by posting a three-day notice to the door of…the underlying amended complaint. 2 Section 559.72 governs the collection of consumer debts and provides…specific-governs-over-general principle where sections 83.56 and 559.72(5) do not conflict. We do not reach this issue

Robert Baldwin v. Laboratory Corporation of America

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-27T00:00:00-07:00

Snippet: interpretation of section 559.72(3). More specifically, the trial court determined that section 559.72(3) did not require…violation of section 559.72(3). Baldwin argues the trial court’s interpretation of section 559.72(3) was error…6)” in section 559.72(3) is immediately preceded by the word “disclosed.” See § 559.72(3), Fla. Stat. …based on an incorrect interpretation of section 559.72(3), Florida Statutes. …action 1 claiming that Labcorp violated section 559.72(3), Florida Statutes, by “threatening” in its notice

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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-05T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2022-09-30T00:53:00-07:00

Snippet: against the appellee dealer for damages under section 559.72, Florida Statutes (2019), known as the Florida …person knows that the right does not exist. § 559.72(9), Fla. Stat. (2019). Customer claimed that because

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

Court: Fla. | Date Filed: 2022-05-26T00:53:00-07:00

Snippet: collect an illegitimate debt, violating section 559.72, Florida Statutes (2014), of the FCCPA. … II Section 559.72 of the FCCPA prohibits various debt collection …against a person violating the provisions of s. 559.72.” Subsection (2) provides for the award of “actual

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-04T00:53:00-07:00

Snippet: right does not exist.” § 559.72(9), Fla. Stat. “A claim under section 559.72(9) has three elements: an…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: Fla. Dist. Ct. App. | Date Filed: 2021-04-28T00:53:00-07:00

Snippet: small claims court alleging a violation of section 559.72(9), Florida Statutes (2019), of the Florida Consumer…been sent. Appellee based its claim on section 559.72(9) of the FCCPA, which states, in relevant part

DENISE MOISE v. OLA CONDOMINIUM ASSOCIATION, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-19T23:53:00-08:00

Snippet: Florida Consumer Collection Practices Act, section 559.72(9), Florida Statutes, against the Association, …collectively, “Hollander”) allegedly violated section 559.72, Florida Statutes (2014), of the Florida Consumer

Edward Michael Kelly v. Julie Duggan

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-23T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2019-10-16T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2019-10-16T00:53:00-07:00

Snippet: FCCPA, section 559.72(9), for attempting to collect an illegitimate debt, and section 559.72(5), for disclosing…violating the provisions of s. 559.72." § 559.77(1). And section 559.72 states that "[i]n collecting…of action for violations of section 559.72. Within section 559.72, subsections (5) and (9) prohibit certain…claim against Labcorp for violations of section 559.72(9). After a period of complex litigation…person knows that the right does not exist." § 559.72(9) (emphasis added). The section also contains

VERIZON WIRELESS PERSONAL COMMUNICATIONS, LP v. CHRISTOPHER BATEMAN

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-07T23:53:00-08:00

Snippet: -3- the FCCPA, section 559.72(7), (9), and (18), Florida Statutes (2014).2 Mr…imposes legal duties on consumer debt collectors.6 § 559.72; Morgan v. Wilkins, 74 So. 3d 179, 181 (Fla. 1st… So. 3d 906, 910 (Fla. 2d DCA 2014); see also § 559.72 (providing that "[i]n collecting consumer …alleged statutory violations addressed under section 559.72 arose from Verizon's collection efforts and

Bank of America, N.A. v. Siefker

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-13T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2016-01-20T00:00:00-08:00

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. … timing of collection phone calls. See, e.g., § 559.72(2), (5), (6), (8), (17); Dish Network, 87 So.3d…expected to abuse or harass in violation of section 559.72(7), and (2) attempted to collect a debt while knowing…1220not a legitimate debt in violation of section 559.72(9)).5 The Brindises do not claim that U.S. Bank…section 559.715. Indeed, the prohibitions in section 559.72 do not include the alleged failure to give notice

Ramos v. Cach, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-31T00:00:00-08:00

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…notice provision constitutes a violation of section 559.72(9) and (2) her entitlement to declaratory and injunctive…simultaneously constitutes a violation of section 559.72(9), which establishes a cause of action against…it knew it did not have in violation of section 559.72(9). CACH responds by citing to Thomas v. Commercial…creates a civil remedy only for a violation of § 559.72— Absent an indication of legislative intent to

Gann v. BAC Home Loans Servicing LP

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-15T00:00:00-07:00

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

Snippet: violated section 559.72(9). The court determined that MERS’ conduct did not violate section 559.72(9) because… the Bank violated the FCCPA, including section 559.72(9), Florida Statutes (2011). Attached to Gann’s…So.3d 508, 509 (Fla. 2d DCA 2012). Section 559.72(9) provides as follows: In collecting consumer… does not exist. With reference to section 559.72(9), the gist of Gann’s claim is that the Bank sought…against a person violating the provisions of section 559.72, the FCCPA states that “[i]n applying and construing

State v. Beach Blvd Automotive, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-19T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2013-08-23T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2012-09-19T00:00:00-07:00

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…person who fails to comply with any provision of s. 559.72 is liable for actual damages and for additional…nature of the defendant’s noncompliance with s. 559.72, the frequency and persistence of the noncompliance…may have to arbitrate a class action. . Section 559.72 provides: "In collecting consumer debts, no

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

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-25T00:00:00-07:00

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…was not a legitimate debt in violation of section 559.72(9). DISH answered this claim and counterclaimed… a member of his family in violation of section 559.72(7). It awarded Mr. Myers precisely $5000 for this