Florida Statute 559.72 - 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

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F.S. 559.72

559.72 Prohibited practices generally.—In collecting consumer debts, a person may not:

(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. This subsection does not apply to an e-mail communication that is sent to an e-mail address and that otherwise complies with this section.

(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; s. 1, ch. 2025-23.

F.S. 559.72 on Google Scholar

F.S. 559.72 on CourtListener

Amendments to 559.72

Annotations, Discussions, Cases:

Cases Citing Statute 559.72

Total Results: 157

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

provide a private right of action. FLA. STAT. § 559.72 (identifying types of FCCPA violations that give

Cliff v. Payco General American Credits, Inc.

363 F.3d 1113, 58 Fed. R. Serv. 3d 297, 2004 U.S. App. LEXIS 5594

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 2004 | Docket: 15438

Cited 112 times | Published

contends that OSI’s conduct violated Fla. Stat. § 559.72(9), which prohibits a debt collector from asserting

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

559.785 ("FCCPA") by Assetcare and Equifax. Section 559.72, entitled `Prohibited practices generally,'

Rosario v. American Corrective Counseling Services, Inc.

506 F.3d 1039, 2007 U.S. App. LEXIS 25524, 2007 WL 3197534

Court of Appeals for the Eleventh Circuit | Filed: Nov 1, 2007 | Docket: 213276

Cited 34 times | Published

Stat. § 559.72(1) (simulating a law enforcement officer); § 559.72(7) (harassment); § 559.72(9) (asserting

Ford Motor Credit Co. v. Sheehan

373 So. 2d 956, 1979 Fla. App. LEXIS 15416

District Court of Appeal of Florida | Filed: Aug 9, 1979 | Docket: 1772128

Cited 33 times | Published

a second count alleging *958 a violation of Section 559.72(7), Florida Statutes (1975).[1] On October

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

allegations that Chase Home Finance violated section 559.72(9). (Mot. to Dismiss 23). The Court agrees

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

Id . In particular, Florida Statute Section 559.72 provides: In collecting consumer debts

Lenworth Bailey v. Rocky Mountain Holdings, LLC

889 F.3d 1259

Court of Appeals for the Eleventh Circuit | Filed: May 8, 2018 | Docket: 6470332

Cited 22 times | Published

Collections Practices Act ("FCCPA"), Florida Statutes § 559.72(9), 8 by seeking to collect an amount

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

knows that the right does not exist." Fla. Stat. § 559:72(9) (emphasis added). In the instant motion, Defendants

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

section, in their correspondence; and (5) Fla.Stat. § 559.72(9) (1995), by knowingly adding unauthorized charges

Fuller v. Becker & Poliakoff, P.A.

192 F. Supp. 2d 1361, 2002 U.S. Dist. LEXIS 5269, 2002 WL 480889

District Court, M.D. Florida | Filed: Mar 11, 2002 | Docket: 2285560

Cited 17 times | Published

collect a debt that they knew was not legitimate. Section 559.72(9) of the Florida Statutes provides: In collecting

Cooper v. Litton Loan Servicing (In Re Cooper)

253 B.R. 286, 13 Fla. L. Weekly Fed. B 337, 2000 Bankr. LEXIS 1271, 2000 WL 1346150

United States Bankruptcy Court, N.D. Florida | Filed: Aug 28, 2000 | Docket: 1792580

Cited 17 times | Published

is narrower in scope than the federal act. F.S. § 559.72(9) states that in collecting debts, no person

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

practices which are specifically prohibited by § 559.72, Florida Statutes. That section provides in part

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

collection practices" in violation of Fla. Stat. § 559.72(9). *1358 MERS' alleged ultra vires acts include

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

whether defendant violated the FCCPA, Fla. Stat. § 559.72(9), by failing to register with the Florida Department

Harris v. Beneficial Finance Co. of Jacksonville

338 So. 2d 196

Supreme Court of Florida | Filed: Jul 30, 1976 | Docket: 1511860

Cited 12 times | Published

the Consumer Collection Practices Act (CCPA), Section 559.72(4), Florida Statutes: "In collecting consumer

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

Ortiz, 764 So.2d 7 (Fla. 4th DCA 1999)(on reh'g); § 559.72, Fla. Stat. (1999). Section 559.55(6), Florida

Dalton v. FMA Enterprises, Inc.

953 F. Supp. 1525, 1997 U.S. Dist. LEXIS 1138, 1997 WL 48871

District Court, M.D. Florida | Filed: Feb 3, 1997 | Docket: 334334

Cited 11 times | Published

1692j). Count Il-violation of Florida Statutes, § 559.72(10)-(11), by use of communication falsely giving

Whigum v. Heilig-Meyers Furniture Inc.

682 So. 2d 643, 1996 Fla. App. LEXIS 11485, 1996 WL 635083

District Court of Appeal of Florida | Filed: Nov 5, 1996 | Docket: 1680913

Cited 11 times | Published

Florida Consumer Collection Practices Act, section 559.72(10) & (11), Florida Statutes. She sought relief

Hansen v. Central Adjustment Bureau, Inc.

348 So. 2d 608

District Court of Appeal of Florida | Filed: Jul 1, 1977 | Docket: 1760487

Cited 11 times | Published

envelope addressed to "Deadbeat, John Doe." Section 559.72, Florida Statutes (1975). The defendant contended

Heard v. Mathis

344 So. 2d 651

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

Cited 10 times | Published

counterclaim since the word "family" as used in Section 559.72(5), Florida Statutes (1975), could not be reasonably

Wendy Yunker v. Allianceone Receivables Management, Inc.

701 F.3d 369, 2012 U.S. App. LEXIS 23384, 2012 WL 5499884

Court of Appeals for the Eleventh Circuit | Filed: Nov 14, 2012 | Docket: 879396

Cited 9 times | Published

Collection Practices Act (“FCCPA”), Fla. Stat. § 559.72. After oral argument, review of the parties’ briefs

Wendy Yunker v. Allianceone Receivables Management, Inc.

701 F.3d 369, 2012 U.S. App. LEXIS 23384, 2012 WL 5499884

Court of Appeals for the Eleventh Circuit | Filed: Nov 14, 2012 | Docket: 879396

Cited 9 times | Published

Collection Practices Act (“FCCPA”), Fla. Stat. § 559.72. After oral argument, review of the parties’ briefs

Schauer v. Morse Operations, Inc.

5 So. 3d 2, 2009 Fla. App. LEXIS 22, 2009 WL 18674

District Court of Appeal of Florida | Filed: Jan 5, 2009 | Docket: 429843

Cited 9 times | Published

Consumer Collection Practices Act (FCCPA), section 559.72, Florida Statutes. On remand, the trial court

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

Gables may be subject to liability under Fla. Stat. § 559.72 for actions it took as a person or entity collecting

Martorella v. Deutsche Bank National Trust Co.

931 F. Supp. 2d 1218, 2013 WL 1136444, 2013 U.S. Dist. LEXIS 36887

District Court, S.D. Florida | Filed: Mar 18, 2013 | Docket: 65989614

Cited 8 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.72 (“FCCPA”) (Counts IXX); and • Defendant AHMSI

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

consumer collection conduct that violates Fla. Stat. § 559.72(9), and based on the same, the Debtor has sustained

FLA. HEALTH SCIENCES CENTER v. Elsenheimer

952 So. 2d 575

District Court of Appeal of Florida | Filed: Mar 2, 2007 | Docket: 1346742

Cited 8 times | Published

Debt Collection," the Plaintiffs allege under section 559.72 that the Hospital "has attempted to collect

Nims v. Harrison

768 So. 2d 1198, 2000 WL 1353207

District Court of Appeal of Florida | Filed: Sep 21, 2000 | Docket: 527044

Cited 8 times | Published

and a second count alleging a violation of Section 559.72(7), Florida Statutes (1975).[FN1] FN1. Which

Meyer v. Fay Servicing, LLC

385 F. Supp. 3d 1235

District Court, M.D. Florida | Filed: May 6, 2019 | Docket: 64324878

Cited 7 times | Published

allege they had actual knowledge under Fla. Stat. § 559.72(9). (Docs. 7 at 4-5; 12 at 6). The Court starts

Steiner and Munach v. Williams

334 So. 2d 39, 1976 Fla. App. LEXIS 14534

District Court of Appeal of Florida | Filed: Mar 23, 1976 | Docket: 1712455

Cited 7 times | Published

defendant's conduct clearly is in violation of § 559.72(10), Fla. Stat., F.S.A.,[1] and pursuant to §

Read v. MFP, Inc.

85 So. 3d 1151, 2012 Fla. App. LEXIS 4950, 2012 WL 1058876

District Court of Appeal of Florida | Filed: Mar 30, 2012 | Docket: 60307035

Cited 6 times | Published

asserted that this constituted a violation of section 559.72(7), which prohibits a consumer debt collector

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

dismissing her counterclaim for damages under section 559.72, Florida Statutes (2009), a part of the Florida

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

Plaintiff alleges that Defendants violates section 559.72(7), 559.72(9), and 559.72(18) of the FCCPA

Gaisser v. Portfolio Recovery Associates, LLC

571 F. Supp. 2d 1273, 2008 U.S. Dist. LEXIS 63046, 2008 WL 3824746

District Court, S.D. Florida | Filed: Aug 5, 2008 | Docket: 981422

Cited 6 times | Published

right [did] not exist, in violation of Fla. Stat. § 559.72(9)." (Id. at ¶ 38). PRA moves under Rule 12(b)(6)

Shortes v. Hill

860 So. 2d 1, 2003 WL 21766239

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 454634

Cited 6 times | Published

that this count states a cause of action under section 559.72(9). Because it was not presented to the trial

FIRST NORTH AMERICAN NAT. BANK v. Hummel

825 So. 2d 502, 2002 WL 2030198

District Court of Appeal of Florida | Filed: Sep 6, 2002 | Docket: 1691305

Cited 6 times | Published

Consumer Collection Practices Act (the Act). See § 559.72, Fla. Stat. (1997). FNANB filed a motion for summary

Gill v. Kostroff

82 F. Supp. 2d 1354, 2000 U.S. Dist. LEXIS 1152, 2000 WL 141207

District Court, M.D. Florida | Filed: Feb 8, 2000 | Docket: 2525551

Cited 6 times | Published

the Florida Consumer Practices Act, Fla.Stat. § 559.72, et seq., defamation, intentional infliction of

Lindell Motors, Inc. v. Morgan

727 So. 2d 1112, 1999 Fla. App. LEXIS 2616, 1999 WL 128829

District Court of Appeal of Florida | Filed: Mar 12, 1999 | Docket: 1438645

Cited 6 times | Published

Florida's Consumer Collection Practices Act, section 559.72, Florida Statutes (1997), and libel per se

Story v. JM Fields, Inc.

343 So. 2d 675, 1977 Fla. App. LEXIS 15491

District Court of Appeal of Florida | Filed: Mar 18, 1977 | Docket: 1710525

Cited 6 times | Published

Story's, engaged in practices prohibited by Section 559.72 and made actionable by Section 559.77, Florida

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

interest, and attorneys fees." Appellant asserts that § 559.72(9) F.S. permits her to maintain an action against

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

They alleged that Affinity violated Fla. Stat. § 559.72(9) 6 by demanding payment of a debt

Goodin v. Bank of America N.A.

114 F. Supp. 3d 1197, 2015 U.S. Dist. LEXIS 81318, 2015 WL 3866872

District Court, M.D. Florida | Filed: Jun 23, 2015 | Docket: 64302853

Cited 5 times | Published

knowledge that the right does not exist. Fla. Stat. § 559.72(9) (2014). Each of Bank of America’s FDCPA violations

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

Practices Act (FCCPA), specifically Fla. Stat. § 559.72(18) and 559.72(9). Counts Three and Four allege

Lima v. Bank of America, N.A.

249 F. Supp. 3d 1308, 2017 WL 1422971, 2017 U.S. Dist. LEXIS 59002

District Court, S.D. Florida | Filed: Apr 17, 2017 | Docket: 64313858

Cited 4 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.72 et seq. (“FCCPA”); (3) the National Bank Act,

Garrison v. Caliber Home Loans, Inc.

233 F. Supp. 3d 1282, 2017 WL 89001, 2017 U.S. Dist. LEXIS 3140

District Court, M.D. Florida | Filed: Jan 10, 2017 | Docket: 64312590

Cited 4 times | Published

15 U.S.C. § 1692c(a)(2) and Florida Statutes, § 559.72(18) by communicating with Plaintiff about 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

addition to these elements, several subsections of § 559.72 require an allegation of knowledge or intent by

Drossin v. National Action Financial Services, Inc.

641 F. Supp. 2d 1314, 2009 U.S. Dist. LEXIS 70494, 2009 WL 2460895

District Court, S.D. Florida | Filed: Aug 7, 2009 | Docket: 129411

Cited 4 times | Published

U.S.C. § 1692e(11), as well as Florida Statute § 559.72(9). She seeks statutory damages, declaratory relief

Solis v. CitiMortgage, Inc.

700 F. App'x 965

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2017 | Docket: 65965899

Cited 3 times | Published

by an attorney regarding the debt. Fla. Stat. § 559.72(18). The FCCPA also prohibits attempting to enforce

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

claims under Section 1692d of the FDCPA and Section 559.72(7) of the FCCPA fail as a matter of law, and

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

the ground Bayview violated Florida Statute section 559.72(9) by “knowingly claiming, attempting, or threatening

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

person who fails to comply with any provision of § 559.72 is liable for actual damages and for additional

Gann v. BAC Home Loans Servicing LP

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

District Court of Appeal of Florida | Filed: Aug 15, 2014 | Docket: 1003009

Cited 3 times | Published

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

Kass Shuler, P.A. v. Barchard

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

District Court of Appeal of Florida | Filed: Aug 23, 2013 | Docket: 60233937

Cited 3 times | Published

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

Bishop v. I.C. System, Inc.

713 F. Supp. 2d 1361, 2010 U.S. Dist. LEXIS 46714, 2010 WL 1924472

District Court, M.D. Florida | Filed: May 12, 2010 | Docket: 2404125

Cited 3 times | Published

Collection Practices Act ("FCCPA"), Fla. Stat. § 559.72, (Count Two), and committed the common law tort

Lamb v. Household Finance Corp. III (In Re Lamb)

409 B.R. 534, 21 Fla. L. Weekly Fed. B 795, 2009 Bankr. LEXIS 1775, 2009 WL 1872677

United States Bankruptcy Court, N.D. Florida | Filed: Jun 15, 2009 | Docket: 1111217

Cited 3 times | Published

Plaintiff alleges that HFC and R & L violated section § 559.72(9), Florida Statutes (2009), otherwise known as

Laughlin v. Household Bank, Ltd.

969 So. 2d 509, 2007 WL 4105289

District Court of Appeal of Florida | Filed: Nov 20, 2007 | Docket: 2504534

Cited 3 times | Published

violated subsections (4), (5), (7), and (10) of Section 559.72, by communicating with her employer about the

Conner v. BCC Financial Management Services, Inc.

489 F. Supp. 2d 1358, 2007 U.S. Dist. LEXIS 44464, 2007 WL 1687523

District Court, S.D. Florida | Filed: Jun 8, 2007 | Docket: 306629

Cited 3 times | Published

Collection Practices Act ("FCCPA"), Fla. Stat. § 559.72(9). (See id. ¶¶ 15-16; 23-24). In its Motion,

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

creditor directly. *1155 Pursuant to Florida Statute § 559.72, "[i]n collecting consumer debts, no person shall

Coll. Bureau of Orlando v. Cont. Cas. Co.

342 So. 2d 1019

District Court of Appeal of Florida | Filed: Feb 11, 1977 | Docket: 2571152

Cited 3 times | Published

for damages under Florida Statutes, Section 559.72. Section 559.72 prohibits certain debtor harassment

Tester v. NATIONAL CREDIT EXCHANGE

299 So. 2d 46

District Court of Appeal of Florida | Filed: Aug 29, 1974 | Docket: 1499432

Cited 3 times | Published

violations of Chapter 559, Florida Statutes. Section 559.72, Florida Statutes, provides in pertinent part

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

-3- the FCCPA, section 559.72(7), (9), and (18), Florida Statutes (2014)

Daniel v. Navient Solutions, LLC

328 F. Supp. 3d 1319

District Court, M.D. Florida | Filed: Jun 25, 2018 | Docket: 64320296

Cited 2 times | Published

Consumer Collection Practices Act, Fla. Stat. § 559.72 (Count V), violation of the Illinois Consumer

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

debtor initiates the communication. Fla. Stat. § 559.72(18). Similarly, the FDCPA provides: Without the

Owens-Benniefield v. Nationstar Mortgage LLC

258 F. Supp. 3d 1300

District Court, M.D. Florida | Filed: Jun 15, 2017 | Docket: 64314538

Cited 2 times | Published

that this information was false” and “violated section 559.72(9) by attempting to enforce a debt ... which

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

to be granted on the FCCPA claim. § 559.72(7) Fla. Stat. § 559.72(7) states, “In collecting consumer

Martorella v. Deutsche Bank National Trust Co.

161 F. Supp. 3d 1209, 2015 U.S. Dist. LEXIS 178151, 2015 WL 10857398

District Court, S.D. Florida | Filed: Aug 6, 2015 | Docket: 64306836

Cited 2 times | Published

“knows that the debt is not legitimate.” Fla. Stat. § 559.72(9). To plead a FCCPA claim, a party must allege

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

Court cannot determine whether Defendant violated § 559.72(7)7 because of the frequency of the calls. Under

Poitevint v. United Recovery Systems, LP

899 F. Supp. 2d 1230, 2012 WL 4458289, 2012 U.S. Dist. LEXIS 137844

District Court, N.D. Florida | Filed: Sep 26, 2012 | Docket: 65985717

Cited 2 times | Published

IV, Plaintiff alleges that Defendant “violated § 559.72(7) of the Florida Consumer Collections Practices

Duran v. Wells Fargo Bank, N.A.

878 F. Supp. 2d 1312, 2012 WL 3001568, 2012 U.S. Dist. LEXIS 101610

District Court, S.D. Florida | Filed: Jul 23, 2012 | Docket: 65983294

Cited 2 times | Published

collection practices. Specifically, Fla. Stat. § 559.72(18) prohibits debt collectors from communicating

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

knows that the right does not exist." Fla. Stat. § 559.72(9) (emphasis added). As the emphasis indicates

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

or attorney at law, when it is not." Fla. Stat. § 559.72(10).[8] The issue of whether the communications

Reeves v. Ace Cash Express, Inc.

937 So. 2d 1136, 2006 WL 2347789

District Court of Appeal of Florida | Filed: Aug 11, 2006 | Docket: 2374797

Cited 2 times | Published

specifically demand punitive damages, although section 559.72(2) permits them. Again, the arbitration agreement

Wagner v. Strickland

908 So. 2d 549, 2005 WL 1844501

District Court of Appeal of Florida | Filed: Aug 5, 2005 | Docket: 1724819

Cited 2 times | Published

Strickland engaged in various acts prohibited under section 559.72, Florida Statutes, relating to the collection

Chrysler Credit Corp. v. Laliberty

506 So. 2d 67, 12 Fla. L. Weekly 1108, 1987 Fla. App. LEXIS 8013

District Court of Appeal of Florida | Filed: Apr 29, 1987 | Docket: 64626718

Cited 2 times | Published

appear to state a cause of action pursuant to section 559.72(5), Florida Statutes. According to section

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

statements to Plaintiff, thereby preempting Fla. Stat. § 559.72(18), and that Plaintiff's claim that BSI should

Cornette v. I.C. System, Inc.

280 F. Supp. 3d 1362

District Court, S.D. Florida | Filed: Nov 30, 2017 | Docket: 64316166

Cited 1 times | Published

Collection Practices Act (“FCCPA”), Fla. Stat. § 559.72(9) Plaintiff asserts FCCPA claims against both

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

alleges that the Defendant violated Florida Statute § 559.72(9), which prohibits a debt collector from claiming

Michael v. HOVG, LLC

232 F. Supp. 3d 1229, 2017 U.S. Dist. LEXIS 3757, 2017 WL 129111

District Court, S.D. Florida | Filed: Jan 10, 2017 | Docket: 64312511

Cited 1 times | Published

by law.” 15 U.S.C. § 1692f(l). Fla. Stat. Ann. § 559.72 states that no person shall “[c]laim, attempt

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

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

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

is required to prove violations of Fla. Stat. § 559.72(18).” Nordwall v. PNC Mortg., No. 2:14-v-747-FtM-CM

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

practices in “collecting consumer debts.” Fla. Stat. § 559.72; Oppenheim v. I.C. Sys., Inc., 627 F.3d 833, 837

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

Act from the prohibited practices set forth in § 559.72, under which Plaintiff brings his claim. See Halsten

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

Consumer Collection Practices Act (FCCPA), Fla. Stat. § 559.72. He appeals pro se this disposition. We affirm

Bailey v. Rocky Mountain Holdings, LLC

136 F. Supp. 3d 1376, 2015 U.S. Dist. LEXIS 138774, 2015 WL 5885379

District Court, S.D. Florida | Filed: Sep 23, 2015 | Docket: 64304638

Cited 1 times | Published

Consumer Collection And Practices Act, Fla. Stat. § 559.72, el seq., (Count IV) and unjust enrichment (Count

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

559.55(6), Fla. Stat. . § 559.72(1)-(19), Fla. Stat. . Id. at § 559.72(7), (18). The Trustee originally

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

violated the FCCPA. (Id. at ¶ 68). Rojas cites Section 559.72, Florida Statutes, which provides: “In collecting

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

Plaintiffs FCCPA claim must fail because Fla. Stat. § 559.72 applies only to debt collectors, but Plaintiff

Lardner v. Diversified Consultants Inc.

17 F. Supp. 3d 1215, 2014 U.S. Dist. LEXIS 64205, 2014 WL 1778960

District Court, S.D. Florida | Filed: May 1, 2014 | Docket: 64294779

Cited 1 times | Published

expected to abuse or harass the debtor.” Fla. Stat. § 559.72(7). The FCCPA instructs that, when applying and

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

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

District Court of Appeal of Florida | Filed: Apr 25, 2012 | Docket: 60308038

Cited 1 times | Published

him or a member of his family in violation of section 559.72(7). Second, he alleged that DISH attempted

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

Management, Inc. (ARM), for alleged violations of section 559.72, Florida Statutes (2006), which regulates consumer

Meininger v. GC Services Ltd. Partnership (In Re Hathcock)

437 B.R. 696, 2010 WL 3835651

United States Bankruptcy Court, M.D. Florida | Filed: Oct 1, 2010 | Docket: 1465654

Cited 1 times | Published

persons collecting a consumer debt. Fla. Stat. § 559.72. Counts II and III of the Complaint seek damages

United States v. Morrison

28 So. 3d 94, 2009 Fla. App. LEXIS 20513

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1166420

Cited 1 times | Published

counterclaim alleging the United States violated section 559.72, Florida Statutes (2001), by reporting derogatory

Beeders v. Gulf Coast Collection Bureau

632 F. Supp. 2d 1125, 2009 U.S. Dist. LEXIS 55933, 2009 WL 1885103

District Court, M.D. Florida | Filed: Jun 30, 2009 | Docket: 2215479

Cited 1 times | Published

under Fla. Stat. § 559.77(2) for a violation under § 559.72(7). Subsection (7) prohibits, in relevant part

Drossin v. National Action Financial Services, Inc.

255 F.R.D. 608, 2009 U.S. Dist. LEXIS 23564, 2009 WL 289826

District Court, S.D. Florida | Filed: Feb 2, 2009 | Docket: 66037018

Cited 1 times | Published

Florida Consumer Collections Practices Act, Section 559.72(9) prohibits persons, in collecting consumer

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

statute constituted, to track the language of Section 559.72(9), the assertion of the existence of a legal

Fox v. Barnett Recovery Corp.

544 So. 2d 1157, 14 Fla. L. Weekly 1459, 1989 Fla. App. LEXIS 3391, 1989 WL 63368

District Court of Appeal of Florida | Filed: Jun 15, 1989 | Docket: 1378920

Cited 1 times | Published

Florida Consumer Collection Practices Act, section 559.72(9), Florida Statutes.[1] The trial court dismissed

Southeast Bank, NA v. Krombach

496 So. 2d 1002, 11 Fla. L. Weekly 2327, 1986 Fla. App. LEXIS 10468

District Court of Appeal of Florida | Filed: Nov 6, 1986 | Docket: 428159

Cited 1 times | Published

recover damages and attorney's fees pursuant to section 559.72, Florida Statutes (1985) which prohibits certain

Tallahassee Title Co. v. Dean

411 So. 2d 204, 1982 Fla. App. LEXIS 19130

District Court of Appeal of Florida | Filed: Feb 2, 1982 | Docket: 64588607

Cited 1 times | Published

Florida Statutes (1979), for violation of Section 559.72. The trial judge found that Tallahassee Title’s

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

Consumer Collection Practices Act (the Act). See § 559.72, Fla. Stat. (2022). Allegedly, Hudson SFR Property

Steven Vaziri v. Marena Jerkins

District Court of Appeal of Florida | Filed: Jan 8, 2025 | Docket: 69525653

Published

Plaintiff in violation of the FCCPA, specifically section 559.72(7), Florida Statutes (2022). Plaintiff attached

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

business need for the information, in violation of section 559.72(5), Florida Statutes (2023). Count II alleged

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

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324029

Published

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

District Court of Appeal of Florida | Filed: Sep 27, 2024 | Docket: 69202336

Published

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

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

District Court of Appeal of Florida | Filed: Apr 5, 2023 | Docket: 67078468

Published

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

District Court of Appeal of Florida | Filed: Sep 30, 2022 | Docket: 65389448

Published

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

Richard Hunstein v. Preferred Collection and Management Services, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Sep 8, 2022 | Docket: 65011310

Published

Practices Act. See 15 U.S.C. § 1692f; Fla. Stat. § 559.72(5). But he appeals only the dismissal of his §

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

Supreme Court of Florida | Filed: May 26, 2022 | Docket: 63339287

Published

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

Constance Daniels v. Select Portfolio Servicing, Inc.

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

Published

Consumer Collection Practices Act, Fla. Stat. § 559.72, alleging that a series of monthly mortgage statements

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

District Court of Appeal of Florida | Filed: May 4, 2022 | Docket: 63285685

Published

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

Richard Hunstein v. Preferred Collection and Management Services, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Oct 28, 2021 | Docket: 60680613

Published

sumer Collection Practices Act, see Fla. Stat. § 559.72(5). As rele- vant here, Hunstein alleged that

QUEST DIAGNOSTICS, INC. v. CHERI HAYNIE

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860104

Published

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

Richard Hunstein v. Preferred Collection and Management Services, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Apr 21, 2021 | Docket: 59840718

Published

Consumer Collection Practices Act, see Fla. Stat. § 559.72(5). As relevant here, the district court dismissed

DENISE MOISE v. OLA CONDOMINIUM ASSOCIATION, INC.

District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31030508

Published

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

Linda Medley v. Dish Network, LLC

Court of Appeals for the Eleventh Circuit | Filed: May 1, 2020 | Docket: 17121855

Published

an illegitimate in debt in violation of FCCPA § 559.72(9) because DISH’s alleged unlawful contact with

Linda Medley v. Dish Network, LLC

Court of Appeals for the Eleventh Circuit | Filed: May 1, 2020 | Docket: 17124341

Published

an illegitimate in debt in violation of FCCPA § 559.72(9) because DISH’s alleged unlawful contact with

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

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

Published

04/10/2020 Page: 11 of 31 Fla. Stat. § 559.72.6 The Borrowers Lawson-Ross and Byrne alleged

Randolph Sellers v. Rushmore Loan Management Services, LLC

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

Published

with the collection of any debt”); Fla. Stat. § 559.72(9) (prohibiting an “attempt . . . to enforce

Edward Michael Kelly v. Julie Duggan

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

Published

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

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

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

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

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

Published

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

Cabrera v. Haims Motors, Inc.

288 F. Supp. 3d 1315

District Court, S.D. Florida | Filed: Dec 22, 2017 | Docket: 64316784

Published

WL 582051, at *2 (M.D. Fla. Feb. 19, 2010). "Section 559.72, entitled 'Prohibited practices generally,'

Miller v. Ginny's Inc.

287 F. Supp. 3d 1324

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

Published

Florida Consumer Collection Practices Act ("FCCPA"), § 559.72 of the Florida Statutes, by repeatedly calling

Harrington v. Roundpoint Mortg. Servicing Corp.

290 F. Supp. 3d 1306

District Court, M.D. Florida | Filed: Nov 30, 2017 | Docket: 64316973

Published

the debtor or any member of her or his family." § 559.72(7), Fla. Stat. At trial, Harrington did not establish

Castellanos v. Portfolio Recovery Assocs., LLC

297 F. Supp. 3d 1301

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

Published

represented by counsel, in violation of Fla. Stat. § 559.72(18) (Count III); and (4) collecting a debt previously

Finster v. U.S. Bank National Ass'n

245 F. Supp. 3d 1304, 2017 U.S. Dist. LEXIS 44984

District Court, M.D. Florida | Filed: Mar 28, 2017 | Docket: 64313563

Published

Consumer Collection Practices Act (FCCPA), section 559.-72 of the Florida Statutes. In May 2016, with

Williams v. Navient Solutions, LLC (In re Williams)

564 B.R. 770

United States Bankruptcy Court, S.D. Florida. | Filed: Mar 3, 2017 | Docket: 65789542

Published

Consumer Collection Practices Act (Florida Statutes § 559.72(9)) and the Fair Debt Collection Practices Act

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

knows that the right does not exist.” Fla. Stat. § 559.72(9) (emphasis added). Put another way, “[t]o establish

Harrington v. Roundpoint Mortgage Servicing Corp.

178 F. Supp. 3d 1255, 2016 U.S. Dist. LEXIS 47778

District Court, M.D. Florida | Filed: Apr 8, 2016 | Docket: 64308242

Published

subsections of the FCCPA. RoundPoint allegedly violated § 559.72(7) by calling Plaintiff and his family with such

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

§ 559.55 et seq. RoundPoint allegedly violated § 559.72(7) by calling Plaintiff and his family with such

Daniel v. Select Portfolio Servicing, LLC

159 F. Supp. 3d 1333, 2016 U.S. Dist. LEXIS 17532, 2016 WL 518721

District Court, S.D. Florida | Filed: Jan 28, 2016 | Docket: 64306665

Published

not exist.” Fla. Stat. § 559.72. To establish a violation under section 559.72(9) of the FCCPA, “it must

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

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

Ramos v. Cach, LLC

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

District Court of Appeal of Florida | Filed: Dec 31, 2015 | Docket: 60252939

Published

notice provision constitutes a violation of section 559.72(9) and (2) her entitlement to declaratory and

Pearson v. Convergent Outsourcing, Inc.

132 F. Supp. 3d 1355, 2015 U.S. Dist. LEXIS 126149, 2015 WL 5682344

District Court, M.D. Florida | Filed: Sep 21, 2015 | Docket: 64304340

Published

Pearson’s Complaint alleging a violation of Fla. Stat. § 559.72(9). In her Response, Pearson acknowledges the

Walker v. Credit Protection Ass'n

309 F.R.D. 668, 92 Fed. R. Serv. 3d 1279, 2015 U.S. Dist. LEXIS 124276, 2015 WL 5522000

District Court, M.D. Florida | Filed: Sep 17, 2015 | Docket: 66055910

Published

expected to abuse or harass the debtor.” Fla. Stat. § 559.72(7). II. Motions at Issue On June 25, 2015, pursuant

Berkseth v. Continental Central Credit, Inc.

119 F. Supp. 3d 1316, 2015 U.S. Dist. LEXIS 106042, 2015 WL 4757300

District Court, M.D. Florida | Filed: Aug 12, 2015 | Docket: 64303283

Published

documents are legal process. Florida Statutes, § 559.72(10) of the CCPA provides: ' In collecting consumer

Bailey v. Rocky Mountain Holdings, LLC

309 F.R.D. 675, 2015 U.S. Dist. LEXIS 138637, 2015 WL 5852921

District Court, S.D. Florida | Filed: Aug 10, 2015 | Docket: 66055912

Published

Consumer Collection And Practices Act, Fla. Stat. § 559.72, et seq., (hereinafter “FCCPA”) (Count IV) and

Manrique v. Wells Fargo Bank N.A.

116 F. Supp. 3d 1320, 2015 U.S. Dist. LEXIS 86446, 2015 WL 4065534

District Court, S.D. Florida | Filed: Jul 2, 2015 | Docket: 64303043

Published

knows that 'the right does not exist.” Fla. Stat. § 559.72(9). See also Fla. Stat. § 559.77(5) (“In applying

Tacoronte v. Cohen

594 F. App'x 605

Court of Appeals for the Eleventh Circuit | Filed: Feb 20, 2015 | Docket: 65959160

Published

Con*606sumer Collection Practices Act, Fla. Stat. § 559.72; and Count III, a claim under the Fair Credit

Tacoronte v. Cohen

594 F. App'x 605

Court of Appeals for the Eleventh Circuit | Filed: Feb 20, 2015 | Docket: 65959160

Published

Con*606sumer Collection Practices Act, Fla. Stat. § 559.72; and Count III, a claim under the Fair Credit

Neptune v. Whetstone Partners, LLC

34 F. Supp. 3d 1247, 2014 WL 3734549, 2014 U.S. Dist. LEXIS 105190

District Court, S.D. Florida | Filed: Jul 28, 2014 | Docket: 64296286

Published

Fla. Stat. § 559.72(7) Plaintiff claims that Defendant’s actions violated Fla. Stat. § 559.72(7), which

Reed v. Morgan Drexen, Inc.

26 F. Supp. 3d 1287, 2014 WL 2616906, 2014 U.S. Dist. LEXIS 83057

District Court, S.D. Florida | Filed: Apr 4, 2014 | Docket: 64295589

Published

asserted a claim for this same behavior under: Fla. Stat. 559.72(9) which prohibits attempting to collect a

Baldwin v. Regions Financial Corp.

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

District Court of Appeal of Florida | Filed: Sep 19, 2012 | Docket: 60312129

Published

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

Meininger v. Florida Pediatric Associates, LLC (In Re Johnson)

453 B.R. 433, 23 Fla. L. Weekly Fed. B 115, 2011 Bankr. LEXIS 2636, 2011 WL 2784157

United States Bankruptcy Court, M.D. Florida | Filed: Jul 13, 2011 | Docket: 2057096

Published

willfully engaging in harassing or abusive conduct (section 559.72(7)); (ii) using profane, obscene, vulgar, or

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

these counts allege that Wells Fargo violated Section 559.72(18), Florida Statutes, by contacting the Debtor

Greene v. Douglas, Knight & Associates, Inc. (In Re Cheaves)

439 B.R. 220, 22 Fla. L. Weekly Fed. B 617, 2010 Bankr. LEXIS 3848, 2010 WL 4400048

United States Bankruptcy Court, M.D. Florida | Filed: Nov 8, 2010 | Docket: 162269

Published

Collection Letter. The relevant portions of Fla. Stat. § 559.72 state In collecting consumer debts, no person

Govero v. Axelrod (In Re Govero)

439 B.R. 917, 22 Fla. L. Weekly Fed. B 340, 2010 Bankr. LEXIS 1379

United States Bankruptcy Court, S.D. Florida. | Filed: Feb 24, 2010 | Docket: 1995635

Published

the Debtors' rights under Florida Statutes section 559.72 (relating to fair debt collection practices)

Salzgeber v. Kelly

826 So. 2d 366, 2002 Fla. App. LEXIS 7671, 2002 WL 1181039

District Court of Appeal of Florida | Filed: Jun 5, 2002 | Docket: 64817615

Published

result of the damage award claimed pursuant to section 559.72(7). Dr. Salzgeber contends the language of

Florida First Financial Group, Inc. v. De Castro

815 So. 2d 789, 2002 Fla. App. LEXIS 6607, 2002 WL 985446

District Court of Appeal of Florida | Filed: May 15, 2002 | Docket: 64814898

Published

1692c (2000) and subsections (5) and (14) of section 559.72, Florida Statutes (2000). 15 U.S.C. § 1692c(b)

Fuller v. Becker & Poliakoff

197 F.R.D. 697, 48 Fed. R. Serv. 3d 721, 2000 U.S. Dist. LEXIS 17191, 2000 WL 1780296

District Court, M.D. Florida | Filed: Nov 9, 2000 | Docket: 66013197

Published

Consumer Collection Practices Act, Fla. Stat. § 559.72 (FCCPA). Plaintiffs assert that Defendants have

Fuller v. Becker & Poliakoff

197 F.R.D. 697, 48 Fed. R. Serv. 3d 721, 2000 U.S. Dist. LEXIS 17191, 2000 WL 1780296

District Court, M.D. Florida | Filed: Nov 9, 2000 | Docket: 66013197

Published

Consumer Collection Practices Act, Fla. Stat. § 559.72 (FCCPA). Plaintiffs assert that Defendants have

Almagro v. MRC of Hialeah, Inc.

723 So. 2d 332, 1998 Fla. App. LEXIS 15527, 1998 WL 877626

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 64785089

Published

Hialeah, Inc. to Lazaro Almagro did not violate Section 559.72, Florida Stat*333utes (1997). Accordingly,

St. Pierre v. Winn Dixie Stores, Inc.

592 So. 2d 1252, 1992 Fla. App. LEXIS 775, 1992 WL 16649

District Court of Appeal of Florida | Filed: Feb 5, 1992 | Docket: 64664865

Published

appellant sued for an alleged violation of the section 559.72, Florida Statute (1981), Consumer Collection

Ago

Florida Attorney General Reports | Filed: Jan 31, 1992 | Docket: 3258348

Published

relates to consumer collection practices. Section 559.72, F.S., provides in pertinent part: In collecting

Local Mortgage Co. of Georgia v. Powell

420 So. 2d 311, 1982 Fla. App. LEXIS 20959

District Court of Appeal of Florida | Filed: Aug 19, 1982 | Docket: 64592505

Published

Act, § 501.201 et seq., Florida Statutes, and § 559.72, Florida Statutes, dealing with consumer collection

Peters v. Collision Clinics International Inc.

404 So. 2d 116, 1981 Fla. App. LEXIS 18619

District Court of Appeal of Florida | Filed: Jan 14, 1981 | Docket: 64585212

Published

that appellees had violated two provisions of Section 559.72, i. e., sub-paragraphs (4) and (6), and thus

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

wherein credit has been offered or extended.” § 559.72 provides: “In collecting consumer claims . no