In short: Debt collectors may not call before 8 a.m. or after 9 p.m. your time, and federal rules presume harassment above seven calls in seven days about a debt. You can stop most contact by telling the collector in writing. Florida’s Consumer Collection Practices Act also covers original creditors and allows statutory damages up to $1,000 plus attorney’s fees.
Two laws protect you from collection harassment in Florida: the federal Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA). The Florida law is broader.
When They Can Call
- Not before 8 a.m. or after 9 p.m. in your time zone (15 U.S.C. § 1692c(a)(1)).
- Florida prohibits contact between 9 p.m. and 8 a.m. without your consent (§ 559.72(17)).
- Not at work if the collector knows your employer prohibits it.
How Often They Can Call
The CFPB’s Regulation F presumes a collector violates the law if it calls you about a particular debt more than seven times within seven days, or within seven days after a phone conversation about that debt (12 C.F.R. § 1006.14(b)(2)). Florida separately prohibits communicating with a frequency that can reasonably be expected to harass (§ 559.72(7)).
How to Make It Stop
Send a written notice telling the collector to stop contacting you, or that you refuse to pay. Under the FDCPA, the collector must then cease communication except to confirm it is stopping or to notify you of a specific action, like a lawsuit (§ 1692c(c)). Send it by a method you can prove. Stopping calls doesn’t erase the debt, and the collector can still sue.
How They Got Your Cell Number
Usually from you: a credit application, a past account, or a form where you listed it. Collectors also use skip-tracing databases. If calls to your cell use a prerecorded voice, the TCPA’s consent rules apply, too.
FDCPA vs. FCCPA
- The FDCPA covers third-party collectors and debt buyers, not original creditors. Suits must be filed within one year.
- The FCCPA says "no person" may engage in the prohibited conduct, so it reaches original creditors as well. Suits must be filed within two years (§ 559.77).
- Both allow actual damages, statutory damages up to $1,000, and attorney’s fees.
Keep a Log
Write down every call: date, time, number, who called, and what was said. Save voicemails. A log is the difference between a feeling of harassment and a provable claim.
Watch: the videos behind this article
Can a debt collector call me on my cell phone?
What times of the day can a debt collector call me on my cell phone?
How often is a debt collector allowed to call me on my cell phone?
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate arguments under the FCCPA and debt collection fee law, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Consumer Beats Debt Collector: Washington v. Persolve Recoveries Reversed | 2D24-0311
Are Credit Card Debt Collection Fees Reciprocal? | Ham v. Portfolio Recovery | SC18-2142
Vein Clinic Billed Patient for a Free Consult: Does a $166 Mistake Trigger FCCPA Liability?
Go Deeper
- Debt Collector Abuse – What You Need to Know When You Owe
- What Can I Do About Debt Collectors Harassing Me?
Frequently Asked Questions
What time can debt collectors call in Florida?
Between 8 a.m. and 9 p.m. your local time. Florida law prohibits contact between 9 p.m. and 8 a.m. without consent.
How many times can a debt collector call me?
Regulation F presumes a violation when a collector calls more than seven times in seven days about a debt, or within seven days after a phone conversation about it.
How do I stop a debt collector from calling?
Send a written notice telling the collector to stop contacting you. It must stop, except to confirm or to notify you of a specific action such as a lawsuit.
Does Florida law apply to the original creditor?
Yes. The FCCPA applies to any person collecting a consumer debt, including original creditors.
Talk to a Florida consumer protection lawyer
Weidner Law, P.A. handles Florida consumer protection and civil litigation matters from St. Petersburg. To have your situation reviewed, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida rule and statute is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
