Florida Statute 559.77 | 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. 559.77

559.77 Civil remedies.—

(1) A debtor may bring a civil action against a person violating the provisions of s. 559.72 in the county in which the alleged violator resides or has his or her principal place of business or in the county where the alleged violation occurred.

(2) Any person who fails to comply with any provision of s. 559.72 is liable for actual damages and for additional statutory damages as the court may allow, but not exceeding $1,000, together with court costs and reasonable attorney’s fees incurred by the plaintiff. In determining the defendant’s liability for any additional statutory damages, the court shall consider the nature of the defendant’s noncompliance with s. 559.72, the frequency and persistence of the noncompliance, and the extent to which the noncompliance was intentional. In a class action lawsuit brought under this section, the court may award additional statutory damages of up to $1,000 for each named plaintiff and an aggregate award of additional statutory damages up to the lesser of $500,000 or 1 percent of the defendant’s net worth for all remaining class members; however, the aggregate award may not provide an individual class member with additional statutory damages in excess of $1,000. The court may award punitive damages and may provide such equitable relief as it deems necessary or proper, including enjoining the defendant from further violations of this part. If the court finds that the suit fails to raise a justiciable issue of law or fact, the plaintiff is liable for court costs and reasonable attorney’s fees incurred by the defendant.

(3) A person may not be held liable in any action brought under this section if the person shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid such error.

(4) An action brought under this section must be commenced within 2 years after the date the alleged violation occurred.

(5) In applying and construing this section, due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act.

History.—s. 23, ch. 72-81; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 9, ch. 78-95; ss. 3, 6, ch. 81-314; ss. 2, 3, ch. 81-318; ss. 1, 3, ch. 83-265; ss. 10, 13, ch. 93-275; s. 820, ch. 97-103; s. 2, ch. 2001-206; s. 9, ch. 2010-127.

F.S. 559.77 on Google Scholar

F.S. 559.77 on Casetext

Amendments to 559.77

Arrestable Offenses / Crimes under Fla. Stat. 559.77

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 559.77.

Annotations, Discussions, Cases:

Cases Citing Statute 559.77

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: related to an alleged violation of the FCCPA. See § 559.77 (providing for actual and statutory damages related

Robert Baldwin v. Laboratory Corporation of America

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

Snippet: allegations of the complaint as 1 Section 559.77(1), Florida Statutes, authorizes civil actions …Davis, 339 So. 3d 318, 321 (Fla. 2022). Section 559.77(2) permits a prevailing plaintiff to recover “actual

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: adapted to try to prevent such an error. See § 559.77(3), Fla. Stat. (2019). Customer also contended …pointed out to the court at the hearing, section 559.77(3) provides that no person can be held liable under…procedures reasonably adapted to avoid such error.” § 559.77(3), Fla. Stat. (2019) (emphasis added). In order

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: JURISDICTION OVER CLAIMS UNDER SECTION 559.77(1) OF THE FLORIDA CONSUMER COLLECTION PRACTICES…actions against Sheridan and Labcorp under section 559.77(1), Florida Statutes (2014), of the FCCPA. Davis…’ compensation medical providers under section 559.77(1) of the FCCPA,” reversed both trial court dismissals… knows that the right does not exist.” Section 559.77 contains provisions authorizing and governing civil

QUEST DIAGNOSTICS, INC. v. CHERI HAYNIE

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-28T00:53:00-07:00

Snippet: $1,000.00 in statutory damages pursuant to section 559.77(2), Florida Statutes (2019); injunctive relief …$1,000.00 in statutory damages, pursuant to section 559.77(2), Florida Statues (2019), and other taxable costs

Edward Michael Kelly v. Julie Duggan

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

Snippet: $1,000 and other monetary damages under section 559.77(2), Florida Statutes. Duggan moved to dismiss 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: Davis filed two separate actions under section 559.77(1), Florida Statutes (2014), of the Florida Consumer…; compensation medical providers under section 559.77(1) of the FCCPA. Davis was injured…violating the provisions of s. 559.72." § 559.77(1). And section 559.72 states that "[i]n collecting…is very general and broad. In contrast, section 559.77(1) creates a private cause of action for violations…quot;concern reimbursement." Because section 559.77(1) thus creates a private cause of action in very

Dyck O'Neal, Inc. v. Ward

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-27T00:00:00-08:00

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

Snippet: FDCPA are useful in interpreting the FCCPA. See § 559.77(5) (“In applying and construing [the FCCPA], due

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: So.3d 1151, 1153 (Fla. 2d DCA 2012) (quoting § 559.77(5), Fla. Stat.). Section 559.715, at issue in this

Banner v. Law Office of David J. Stern, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-24T00:00:00-07:00

Citation: 198 So. 3d 1133, 2016 Fla. App. LEXIS 12810, 2016 WL 4493351

Snippet: side moved for appellate attorney’s fees. Section 559.77 governs fee entitlement under the FCCPA and section…FDUTPA. Banner was awarded fees pursuant to section 559.77(2); defendants were awarded fees under section

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 state courts obey federal precedent. Section 559.77(5) provides that “[i]n applying and construing …consumers to recover damages and other relief. See § 559.77. Those remedies, however, do not extend to section

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: So.2d 643, 646 (Fla. 1st DCA 1996). . Section 559.77 states the "[a] debtor may bring a civil action

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: federal Fair Debt Collection Practices Act.” § 559.77(5); see also Kelliher v. Target Nat’l Bank

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: ); see also § 559.77(5), Fla. Stat. (2010) (“In applying and construing [section 559.77], due consideration…forth in section 559.77. Baldwin’s argument focuses on the interpretation of section 559.77(2), which provides…an express statutory remedy provided by section 559.77(2), and, therefore, the arbitration clause is void… would defeat the remedial provision of section 559.77(2) pertaining to the award of “statutory damages… conclude that Baldwin has misconstrued section 559.77(2) and that the rights of Baldwin and potential

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: Debt Collection Practices Act (“FDCPA”). See § 559.77(2), (5); 15 U.S.C. § 1692 (2000). Accordingly, …of attorneys’ fees under a statute like section 559.77(2).4 Under this statute, if the plaintiff recovers…“court costs and reasonable attorney’s fees.” § 559.77(2). The plaintiff risks an award of fees only in… courts obey federal precedent. Rather, section 559.77(5) provides that “[i]n applying and construing …cases has satisfied its obligation under section 559.77(5), and this court cannot overrule the trial court

Read v. MFP, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-30T00:00:00-07:00

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

Snippet: FDCPA when interpreting and applying the FCCPA. § 559.77(5). However, the FDCPA and the FCCPA are not identical

Morrison v. United States Ex Rel. Farm Service Agency

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-31T00:00:00-07:00

Citation: 73 So. 3d 336, 2011 Fla. App. LEXIS 17227

Snippet: acknowledge Appellants' argument that under section 559.77(2), Florida Statutes, the issue of attorney'…raise a justiciable issue of law or fact[.]" § 559.77(2), Fla. Stat. This argument may be meritorious

Laughlin v. Household Bank, Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-19T23:53:00-08:00

Citation: 969 So. 2d 509

Snippet: entitled to summary judgment. We cannot agree. Section 559.77, Florida Statutes (2002), provides the civil remedies…in Harris, 338 So.2d at 200, by enacting section 559.77, the Legislature intended to authorize actual damages…damages. As discussed above, by enacting section 559.77, the Legislature intended to provide statutory

Reeves v. Ace Cash Express, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-11T00:53:00-07:00

Citation: 937 So. 2d 1136

Snippet: Practices Act ("FCCPA"), specifically section 559.77, Florida Statutes (2002). In this nonfinal appeal…1992). Likewise, nothing in the text of section 559.77 evinces a legislative intent to preclude the submission…provides that punitive damages may be awarded. § 559.77(2). Thus, in this case neither the language of

ECHEVARRIA, MCCALLA, RAYMER v. Cole

Court: Fla. Dist. Ct. App. | Date Filed: 2004-12-29T23:53:00-08:00

Citation: 896 So. 2d 773

Snippet: Florida Consumer Collection Practices Act, section 559.77, Florida Statutes, and the Florida Deceptive and