What debt collectors can and can't do in Florida under the FDCPA

Getting repeated calls from a debt collector while you’re also worried about your mortgage is its own kind of stress. The good news: both federal and Florida law put real limits on what a collector can do, and knowing those limits changes how a phone call feels. This guide covers the rules that matter most for homeowners in consumer protection and debt collection defense cases here in Orlando Metro, and what typically counts as crossing the line.

This is general information, not legal advice for your specific situation. Debt collection law has exceptions and deadlines that vary by case, so talk to an attorney before you rely on any of this to make a decision.

The federal baseline: the FDCPA

The Fair Debt Collection Practices Act covers third-party debt collectors and collection agencies (it generally does not cover a bank collecting its own original debt directly, though Florida law fills some of that gap). Under the FDCPA, a collector cannot:

• Call before 8 a.m. or after 9 p.m. your local time, unless you agree to a different window
• Threaten arrest, wage garnishment, or legal action they have no intention or legal ability to take
• Use obscene language, threats of violence, or repeated calls meant to annoy or wear you down
• Lie about the amount owed, pretend to be a government agency or attorney, or claim you’ll be arrested for unpaid debt (debt is a civil matter, not a criminal one)
• Contact you directly once they know you have a lawyer representing you on the debt
• Discuss your debt with your employer, neighbors, or family, beyond confirming your location

Florida adds its own layer: the FCCPA

Florida’s Consumer Collection Practices Act extends similar protections to more types of creditors, including some original lenders that the federal law doesn’t reach directly. It also gives Florida residents a state-court path to sue over violations, separate from any federal claim. In practice, most attorneys evaluate a potential case under both laws at once, since the facts usually overlap.

What a real violation tends to look like

Based on the kinds of complaints that show up in this niche, the patterns worth flagging to an attorney are usually specific and repeated, not a single unpleasant call. A collector that calls a dozen times a day, keeps pushing after you’ve asked in writing to stop, discusses your debt with a family member, or threatens a lawsuit it never files is showing a pattern, not a one-off mistake.

Situation	Usually fine	Often a violation
Calling once during the day about a debt	Yes	-
Calling 8+ times in one day	-	Often, if pattern continues
Telling you the balance and creditor name	Yes	-
Threatening arrest for unpaid debt	-	Yes
Calling after you sent a written cease-communication letter	-	Yes
Asking your employer to confirm you work there	Sometimes	Depends on what else is said

What to do if you think a collector crossed a line

Start writing things down: the date, time, what was said, and who called. If you have voicemails or texts, keep them. Send a written request for debt validation if you haven’t already, by certified mail if possible, so you have proof it was received. An FDCPA-focused attorney can review the record and tell you whether it supports a claim, and many take these cases on a contingency basis tied to statutory damages, so the review itself often costs you nothing.

Where this connects to a foreclosure case

Debt collection issues and foreclosure often show up on the same homeowner’s desk at the same time. A second mortgage, a HOA balance, or a credit card default can all be getting collection calls while the primary mortgage lender is separately moving toward foreclosure. If that’s your situation, it’s worth mentioning both threads to whichever attorney you talk to first. Fixing one problem without knowing about the other can leave you with an incomplete plan. If the mortgage itself is also moving toward a sale, our guide to Florida foreclosure laws and notice requirements covers what has to happen before that process can proceed. For a broader view of how the Florida court process for a mortgage default works, our directory home links out to attorneys handling foreclosure and debt defense side by side.

Getting a call that feels aggressive doesn’t automatically mean the law was broken, but a pattern of harassment, threats, or lies about your debt is worth a second opinion. A short conversation with someone who handles these cases regularly can tell you fast whether you have a real claim or just an unpleasant caller. See how we score and compare listed firms on our methodology page.