• The Fair Debt Collection Practices Act (FDCPA) regulates how credit card debt recovery is performed.credit card image by jimcox40 from Fotolia.com
  
  The state of Florida subscribes to the Fair Debt Collection Practices Act (FDCPA) passed by the Federal Trade Commission (FTC) in 1977. Under this law, credit card debt collectors must adhere to provisions governing how they perform debt recovery. The state of Florida's statute of limitations restricts the time a creditor or debt recovery agent may sue a consumer. The Credit Card Act of 2009 also regulates how credit cards and their balances may be assessed fees and other charges.
  
  

FDCPA Laws

• The Fair Debt Collection Practices Act (FDCPA) states that creditors and debt collectors cannot contact consumers at unusual times or places or when it should be known to be inconvenient to the consumer. They also cannot contact consumers if it is known they are represented by an attorney and have not contacted their legal counsel regarding the credit card debt. Additionally, a creditor or debt collector is barred from contacting a consumer at their place of employment if it is known an employer does not allow such communication. Debt collectors cannot communicate with third parties regarding the collection of a debt unless it is with an attorney, credit reporting agency or authorized by a judicial court.
  
  Consumers may issue a cease and desist letter to any debt collector notifying them to stop further communication. The FDCPA prohibits debt collectors from harassment and any false or misleading misrepresentation. They must also validate the debt with consumers by sending a written notice containing all the details.
  
  

Statute of Limitations

• The state of Florida has a statute of limitations on credit card debt of 5 years. This means that a debt collector has 5 years from the last activity on the account to legally enforce the debt. They may still try to contact a consumer to collect the debt, but they cannot bring the matter before a court of law. Certain cardholder agreements, however, may include clauses that state the laws of the issuer's state take priority. This means that if a cardholder resides in Florida but the card issuer is based in Wisconsin, the statute of limitations in Wisconsin may apply.
  
  

Credit Card Act of 2009

• The Credit Card Act of 2009 restricts the practices of credit card companies regarding cardholder balances. The amount they can charge consumers regarding fees for late payments is capped at $25 in most cases. If a consumer exceeds his credit limit, he cannot be charged more than the amount of the excess. Consumer credit card payments must also be applied to the highest interest rate balances first. A 45-day notice must be sent to consumers regarding significant changes to a credit card agreement such as an interest rate increase. However, this does not apply if you are in a payment plan with the credit card company and have failed to honor the agreement by making payments on time. Businesses and corporate cards are not covered under the Credit Card Act.