FDCPA and
Compliance
Debt collection is one of the most heavily regulated industries in the United States. In Florida, federal law, state law, and sector-specific regulations apply simultaneously — and in some cases, Florida goes further than federal requirements. Bouvet Collections is OFR-licensed, bonded, and trained to operate within this framework, for commercial (B2B) receivables.
Federal framework
FDCPA — Fair Debt Collection Practices Act (1977) The foundational federal statute governing third-party debt collection. It applies exclusively to consumer debts — personal, family, or household in nature — not to B2B commercial receivables. (15 U.S.C. § 1692 et seq.)
Key restrictions for collectors :
- No contact before 8:00 a.m. or after 9:00 p.m. in the debtor's time zone (§ 1692c(a)(1))
- No abusive, threatening, or deceptive practices (§ 1692d–f)
- Consumer may demand cessation of contact in writing — collector must comply (§ 1692c(c))
- Debt validation notice required within 5 days of first contact; consumer has 30 days to dispute (§ 1692g)
Exposure for non-compliance: up to $1,000 in statutory damages per lawsuit — not per individual violation — plus actual damages and attorney fees (§ 1692k). Class actions may yield up to $500,000 or 1% of the collector's net worth.
Regulatory framework
Florida goes further than the FDCPA in two critical ways. First, the FCCPA applies to original creditors collecting their own debts — not only to third-party agencies. Second, it extends protections the FDCPA does not cover at the federal level. (Fla. Stat. § 559.55–559.785)
Key prohibitions (§ 559.72): no contact with a debtor known to be represented by counsel; no false representation of the nature or legal status of a debt; no threat of legal action not actually contemplated; no communication outside 8:00 a.m.–9:00 p.m.
As a creditor placing accounts with us, you remain directly exposed under the FCCPA. Delegating collection does not eliminate your exposure — it transfers operational risk to your agency. Statutory damages: up to $1,000 per action (§ 559.77(2)), plus actual damages and attorney fees. Joint liability between agency and creditor is expressly possible under Florida law.
Unlike the FDCPA and FCCPA, FDUTPA applies to both B2C and B2B commercial relationships. Any deceptive or unfair practice in a collection context — regardless of whether the debtor is a consumer or a business — may trigger FDUTPA liability in Florida. (Fla. Stat. §§ 501.201–.213)
Exposure: actual damages, attorney fees, and court costs. No statutory cap. This is why compliant collection practices in B2B are not optional in Florida.
Under the Consumer Collection Agency Act (Chapter 559, F.S.), any commercial collection agency operating in Florida must be registered with the Office of Financial Regulation and maintain a surety bond.
Bouvet Collections Inc. is OFR-registered. Surety bond: $50,000 — Great Midwest Insurance, bond no. GM261561. This registration is your guarantee that we operate within the legal framework, are subject to OFR oversight, and carry the financial backing required by Florida law.
If you place consumer receivables with us, your own compliance obligations do not disappear. Under the FCCPA, you remain potentially liable for practices conducted on your behalf — choosing a licensed, bonded, trained agency is your primary line of defense.
Under Regulation F, a record retention obligation applies: all collection activity must be documented for a minimum of three years. Our platform, Collecte, timestamps and logs every interaction automatically, providing you with a compliant audit trail from day one.
Florida law sets strict deadlines on the legal enforceability of debt through the courts (Fla. Stat. § 95.11): written contracts 5 years (§ 95.11(2)(b)) — oral contracts 4 years (§ 95.11(3)(k)) — court judgments 20 years (§ 95.11(1)). The clock runs from the date of default.
A time-barred debt cannot be the subject of a lawsuit — but amicable outreach remains permissible, provided the collector does not misrepresent the debt's enforceability. Misrepresenting a time-barred debt as actionable violates both the FCCPA and the FDCPA.
Credit bureau reporting. In B2C, a defaulted account may be reported to Equifax, Experian, and TransUnion under the Metro 2 format. We advise clients on whether and how to use this lever — it can significantly improve recovery rates on consumer accounts.
The FDCPA does not apply to commercial debt between businesses. This gives collectors and creditors considerably more operational flexibility — no prescribed contact hours, no validation notice requirements, no cease-communication obligations.
B2B collections in Florida remain subject to FDUTPA, UCC Article 9 for secured transactions, Florida contract law, and HIPAA where protected health information is involved. The same statutes of limitations apply: 5 years for written contracts, 4 years for oral agreements (Fla. Stat. § 95.11).
The practical advantage: we calibrate tone, frequency, and negotiation posture entirely to the commercial relationship you want to preserve — or not. Strategy is account-driven, not rule-driven.
Compliance at Bouvet Collections is a daily operating standard, not a document on file.
Training: all agents receive annual training on FDCPA, FCCPA, and Regulation F. Documentation: every debtor interaction is timestamped and logged in Collecte, our proprietary platform — three-year retention minimum as required under Regulation F. Audit: a compliance review is conducted quarterly with our legal counsel. Client protection: our engagement contracts include indemnification provisions in the event of a compliance failure on our part.
Questions about the compliance profile of your receivables portfolio ?