SUMMARY:

A controversial amendment to Senate Bill 232 (SB 232), which would have weakened Florida’s Consumer Collection Practices Act (FCCPA) by limiting its scope to only formal debt collectors, was unanimously rejected in a Senate committee after strong opposition led by Jacksonville Area Legal Aid (JALA) President & CEO Jim Kowalski. The amendment’s defeat is seen as a major victory for consumer protection advocates, as it prevents scammers and fraudulent businesses from evading accountability.

Under current law, the FCCPA (Fla. Stat. 559) prohibits any person from engaging in fraudulent, abusive, or deceptive debt collection practices, such as harassment, misrepresentation, or illegal threats. The proposed amendment sought to change the term “any person” to “debt collector,” thereby excluding fraudulent contractors, door-to-door sales scammers, and unethical landlords from being held accountable under the law.

Kowalski and other consumer attorneys traveled to Tallahassee to oppose the bill, warning that its passage would leave vulnerable residents—especially seniors—open to financial fraud. He cited a real-life case where a Jacksonville senior was scammed into paying over $6,000 for bogus attic renovations after being falsely told the work was free due to tax credits. When she couldn’t pay, the scammer sued her to foreclose on a lien, but JALA successfully defended her using the current FCCPA protections. Had SB 232 passed, such legal protections would no longer apply to cases like hers.

The issue is especially pressing for Florida, which is a national hotspot for consumer fraud complaints. In the first nine months of 2024 alone, nearly 2,800 seniors in Northeast Florida reported financial losses due to scams. Florida also leads the nation in complaints filed with the Consumer Financial Protection Bureau (CFPB), surpassing both California and Texas in reported consumer fraud cases.

Kowalski emphasized that JALA uses the FCCPA extensively to protect Florida residents from scams and that this bill would have gutted their ability to combat fraudsters. Thanks to mobilization efforts by legal aid groups and consumer protection advocates, the Senate Commerce and Tourism Committee voted unanimously to reject the amendment. However, SB 232 is still moving through the Florida House, and consumer advocates remain vigilant in case a similar amendment resurfaces.

Kowalski expressed relief over the bill’s defeat in the Senate, stating, “This is the wrong time to help those who prey upon our seniors and other vulnerable citizens.” He reaffirmed JALA’s commitment to standing up against fraud and protecting Florida consumers from deceptive financial practices.