CopyCited 116 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 6501, 2010 WL 1200691
...the federal act. In the event of any inconsistency between any
provision of this part and any provision of the federal act, the
provision which is more protective of the consumer or debtor
shall prevail.
FLA . STAT . §559.552 (emphasis added)....
...conduct and legal theory would undermine or circumvent the state’s consumer
protection scheme. We disagree.
The FCCPA unequivocally states its goal – to provide the consumer with
the most protection possible under either the state or federal statute. See FLA .
STAT . §559.552 (“In the event of any inconsistency ......
CopyCited 10 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 94023, 2008 WL 4936432
...weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair *1340 Debt Collection Practices Act." However, that provision related only to the section on civil remedies, §
559.77. Section
559.552 gives the relationship between the FCCPA and FDCPA, where it states that the FCCPA gives additional consumer protections without limiting the FDCPA. Fla. Stat. §
559.552....
CopyCited 5 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 138196, 2011 WL 6004579
...The FDCPA has been described as "extraordinarily broad," and the protections provided by the FCCPA are "in addition to the requirements and regulations of the federal act." LeBlanc v. Unifund CCR Partners,
601 F.3d 1185, 1191 (11th Cir.2010) (quoting Fla. Stat. §
559.552)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2000 WL 217531
...plies, that preemption should not also apply to the fees incurred in defense of the state law cause of action. However, the state law cause of action exists only because it is at least as broad, in its protection to the consumer, as the federal act. Section 559.552, Florida Statutes (1997), one of the sections comprising the Florida Consumer Collection Practices Act, provides: Relationship of State and Federal Law.Nothing in this part shall be construed to limit or restrict the continued appli...
CopyCited 3 times | Published | District Court, M.D. Florida | 2014 U.S. Dist. LEXIS 153172, 2014 WL 5393607
...be awarded under the FCCPA provision that states, “In the event of any inconsistency between any provision of this part and any provision of the [FDCPA], the provision which is more protective of the consumer or debtor shall prevail.” Fla. Stat. § 559.552 (2014)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2007 WL 4105289
...to be a series of abuses in the area of debtor-creditor relations." Harris v. Beneficial Finance Company of Jacksonville,
338 So.2d 196, 200-201 (Fla.1976). The FCCPA is to be construed in a manner that is protective of the consumer. See Fla. Stat. §
559.552 (providing that in the event of inconsistencies with the federal *513 Fair Debt Collection Practices Act, the provision that is more protective of the debtor prevails)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2014 WL 3971546, 2014 Fla. App. LEXIS 12518
...Target Nat'l Bank, 826 F.
Supp. 2d 1324, 1327 (M.D. Fla. 2011). In addition, "[i]n the event of any inconsistency
between any provision of this part and any provision of the federal act, the provision
which is more protective of the consumer or debtor shall prevail." § 559.552.
The trial court erred in granting the Bank's motion to dismiss when it
determined that the Bank was only trying to enforce a security interest and not trying to
collect a consumer debt from Gann....
CopyCited 3 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 28263, 2005 WL 1026048
...DONE and ORDERED. NOTES [1] The Plaintiffs allege that the Defendants' conduct violates 15 U.S.C. § 1692e(10), (5), and 15 U.S.C. § 1692i. [2] The Plaintiffs allege that the Defendants' conduct violates Fla. Stat. §
559.72(7), (9) and Fla. Stat. §
559.552....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 10881
...the federal act. In the event of any inconsistency between
any provision of this part and any provision of the federal act,
the provision which is more protective of the consumer or
debtor shall prevail.
§ 559.552, Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 55933, 2009 WL 1885103
...ourts relating to the Federal Debt Collection Practices Act." §
559.77(5). The FCCPA also contemplates differences between the federal and state acts, and states that whichever provision is "more protective of the consumer or debtor shall prevail." §
559.552....
...Under the FCCPA, each of these adjudication, if adverse, is eligible for its own award of statutory damages up to the maximum of $1,000. Though the availability of damages for each count of the cause of action allows for more statutory recovery under the FCCPA than under the FDCPA, it is within the scope prescribed by § 559.552 of the FCCPA as being more protective of the consumer....
CopyCited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 108305, 2008 WL 5597653
...Plaintiff argues that because Judge Turnoff found Plaintiff could not be held personally liable for fees under the FDCPA, [1] the FCCPA prevents the imposition of fees against her regardless of whether the case failed to raise a justiciable issue. See Fla. Stat. § 559.552. Section 559.552 provides, "[i]n the event of any inconsistency between any provision of this part and any provision of the federal act, the provision which is more protective of the consumer or debtor shall prevail." Plaintiff contends that, as the m...
...umer, the FDCPA standard should prevail, and she should not be held liable under the FCCPA because she cannot be held liable under the FDCPA. Plaintiff has not provided authority to support this proposition, and the undersigned is not persuaded that Section 559.552 of the FCCPA prohibits an award of attorney's fees where those fees are not proper under the FDCPA....
CopyPublished | Florida 5th District Court of Appeal
...sumer debtors.
See LeBlanc v. Unifund CCR Partners,
601 F.3d 1185, 1192 (11th
Cir. 2010) (“The FCCPA unequivocally states its goal—to provide
the consumer with the most protection possible under either the
state or federal statute.”); see also §
559.552, Fla....
...That purpose both informs and
guides our interpretation. See Raik v. Dep’t of Legal Affs., Bureau
of Victim Comp.,
344 So. 3d 540, 543 (Fla. 1st DCA 2022).
The purpose of the Act is to afford consumers protections in
their relationships with those who seek to collect a debt. See §
559.552, Fla....
CopyPublished | Florida 1st District Court of Appeal
...association operating pursuant to Chapter 718, Florida Statutes.
2 §§
559.55 - .785, Fla. Stat., (FCCPA).
2
Both the FCCPA and its federal counterpart, FDCPA,
regulate consumer debt collection in Florida. See §
559.552, Fla.
Stat....
...Application of the FCCPA’s protections to condominium
associations is supported by case law and the rules of statutory
construction. This application is consistent with our statutory
obligation to construe the FCCPA in a manner that is protective of
the consumer. See § 559.552, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 653, 2016 WL 229572
...BAC Home Loans Servicing,
LP, was a prior servicer.
-3-
1692 - 1692p (FDCPA). Our brief reference to the federal statute is important because
each party relies on any number of federal cases interpreting the FDCPA, an analog to
the FCCPA. See § 559.552 (providing that the FCCPA does not limit or restrict the
application of the FDCPA; in the event of any inconsistency in the two acts, the more
protective for the consumer or debtor prevails)....
