[FL] Are FDCPA and FCCPA statutory damages per violation or per lawsuit?

FL Legal (General)

Is there a per-incident violation in Florida for the Fair Debt Collection Act?

January 16, 2026

Ray

65,512 satisfied customers

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Under the federal FDCPA (15 U.S.C. § 1692a(6)) and Florida’s FCCPA, statutory damages are not per incident. They are capped at $1,000 per action, even if there are multiple violations (15 U.S.C. § 1692k(a)(2)(A)).

FDCPA: Applies to third-party debt collectors only.
FCCPA: Applies to both third-party collectors and original creditors.
Courts may consider the frequency and persistence of violations, but the statutory cap remains per lawsuit.

Full Conversation

Is there a per-incident violation in Florida for the Fair Debt Collection Act?

Lexi, Chatbot

I understand you’re asking about FDCPA violations in Florida. Have you experienced a specific incident?

Yes.

Lexi, Chatbot

Are you currently dealing with a debt collector or just asking generally?

Current.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you?

I’ve sent two certified letters with signature receipt.

Ray

Hi, I’m Ray, an attorney. Have you received any response from the debt collector?

No.

Ray

FDCPA: Applies to third-party debt collectors only.
FCCPA: Applies to both third-party collectors and original creditors.
Courts may consider the frequency and persistence of violations, but the statutory cap remains per lawsuit.

So if there are 30 violations, that’s still only one action?

Ray

Correct. Multiple violations in one case still count as one action for statutory damages.

Same for original creditors?

Ray

Yes. Original creditors under the FCCPA are also capped at $1,000 per action. You can document everything, send cease-and-desist letters, file complaints, or consult a consumer rights attorney.

This is a small medical bill I disputed in writing, insurance should’ve covered it, but now it’s in collections. I’ve sent certified letters to everyone.

Ray

You may need a lawyer if you’re sued, but paying and moving on is sometimes the most practical option.

I think I’ll just pay it and move on.

Ray

Understood. Feel free to reach out if you need help in the future.

Thanks, you too.

Ray

Take care. Bye for now.

Ray

65,512 satisfied customers

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