AG/CFPB/FTC Consumer Complaint Pack - Florida

FLORIDA CONSUMER COMPLAINT PACK

Multi-Agency Regulatory Complaint Kit for Florida Consumers

Purpose: This complaint pack provides comprehensive templates for filing consumer protection complaints with the Florida Attorney General, the Florida Department of Agriculture and Consumer Services (FDACS), the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and industry-specific federal and state regulators. Florida has a dual-agency consumer protection system — the AG handles fraud and deceptive trade practices enforcement, while FDACS handles general consumer complaints and mediation.

When to Use This Pack:

• A business has engaged in deceptive, unfair, or unconscionable trade practices
• A financial institution has violated consumer financial protection laws
• You have been the victim of fraud, scams, or misleading business conduct
• Prior attempts to resolve the dispute directly with the business have failed
• You seek regulatory investigation, enforcement, or mediation assistance

Florida's Dual-Agency System:
| Agency | Role |
|--------|------|
| Florida Attorney General | Investigates and prosecutes violations of FDUTPA; fraud enforcement |
| Florida FDACS (Dept. of Agriculture and Consumer Services) | Primary consumer complaint intake; mediation; general consumer protection |

DOCUMENT 1: FLORIDA ATTORNEY GENERAL CONSUMER COMPLAINT

Florida Attorney General — Consumer Protection Division

Agency Contact Information

Statutory Authority

The Florida Attorney General enforces the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. §§ 501.201-501.213, which protects the consuming public and legitimate business enterprises from those who engage in unfair methods of competition or unconscionable, deceptive, or unfair acts or practices in the conduct of any trade or commerce.

Key Enforcement Provisions:

• § 501.204 — Unlawful acts and practices (deceptive, unconscionable, unfair conduct)
• § 501.207 — Attorney General enforcement authority (civil actions)
• § 501.2075 — Civil penalties: up to $10,000 per violation; $15,000 per violation targeting seniors (60+), disabled persons, or military service members
• § 501.2077 — Enhanced penalties for repeat offenders
• § 501.208 — Injunctive relief, restitution, disgorgement
• § 501.211 — Private right of action (actual damages, injunctive relief, attorney fees)
• § 501.2105 — Attorney fees for prevailing party in private actions

Important: FDUTPA does not allow punitive or treble damages in private actions; remedies are limited to actual damages, injunctive relief, and attorney fees (§ 501.211).

SECTION 1: COMPLAINANT INFORMATION

Full Legal Name: [________________________________]

Mailing Address:

Contact Information:

Are you age 60 or older? ☐ Yes ☐ No
(Enhanced penalties apply for FDUTPA violations targeting seniors)

Are you an active-duty military service member? ☐ Yes ☐ No
(Enhanced penalties apply for FDUTPA violations targeting service members)

Attorney Information (if represented):

SECTION 2: RESPONDENT/BUSINESS INFORMATION

Business Name: [________________________________]

Doing Business As (DBA): [________________________________]

Type of Business:
☐ Retail Store
☐ Online Retailer / E-Commerce
☐ Auto Dealer
☐ Home Improvement / Contractor
☐ Financial Institution / Lender
☐ Insurance Company
☐ Telecommunications Provider
☐ Utility Company
☐ Healthcare Provider
☐ Travel / Hospitality / Timeshare
☐ Real Estate / Property Management
☐ Professional Services
☐ Moving Company
☐ Other: [________________________________]

Contact Person at Business (if known): [________________________________]

Title/Position: [________________________________]

Account/Policy/Loan/Contract Number: [________________________________]

Florida Business Registration/License Number (if known): [________________________________]

SECTION 3: TRANSACTION DETAILS

SECTION 4: COMPLAINT NARRATIVE

A. What Was Promised or Represented

Describe in detail what the business promised, advertised, or represented:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. What Actually Occurred

Describe what actually happened:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. Chronological Description of Events

D. FDUTPA Violation Categories

Check all categories that may apply:

☐ Deceptive act or practice (misrepresentation, false advertising, bait-and-switch)
☐ Unfair act or practice (coercion, undue influence, exploiting consumer ignorance)
☐ Unconscionable act or practice (grossly unfair terms, price gouging)
☐ Violation of FTC Act or rule incorporated by FDUTPA reference (§ 501.203(3))
☐ Telemarketing fraud (Fla. Stat. § 501.616)
☐ Price gouging during state of emergency (Fla. Stat. § 501.160)
☐ Other: [________________________________]

SECTION 5: PRIOR RESOLUTION ATTEMPTS

Have you attempted to resolve this matter directly with the business?

☐ Yes ☐ No

If yes, describe your attempts:

Have you filed a complaint with FDACS or any other agency?

☐ Yes ☐ No

If yes, identify the agency and complaint/case number:

SECTION 6: DAMAGES AND LOSSES

Financial Losses:

Non-Financial Harm:
☐ Credit score damage
☐ Emotional distress
☐ Loss of use of product/service
☐ Service disruption
☐ Privacy violation
☐ Identity theft
☐ Other: [________________________________]

SECTION 7: RELIEF REQUESTED

☐ Full refund of $ [________________]
☐ Partial refund of $ [________________]
☐ Repair or replacement of product/service
☐ Contract cancellation without penalty
☐ Correction of billing errors
☐ Cease and desist deceptive practices
☐ Correction of credit reporting
☐ Cease debt collection activity
☐ Compensation for actual damages: $ [________________]
☐ Other: [________________________________]

SECTION 8: SUPPORTING DOCUMENTATION CHECKLIST

☐ Signed contract or agreement
☐ Receipts or proof of payment
☐ Written correspondence with business (letters, emails)
☐ Text messages or chat logs
☐ Advertising materials (print ads, screenshots of online ads, flyers)
☐ Product photographs
☐ Warranty or guarantee documents
☐ Billing statements or invoices
☐ Credit card or bank statements showing charges
☐ Credit reports showing impact
☐ Repair estimates or invoices
☐ Police report (if applicable)
☐ Witness statements
☐ Other: [________________________________]

SECTION 9: CERTIFICATION AND SIGNATURE

I certify that the information provided in this complaint is true and correct to the best of my knowledge. I understand that this complaint may be shared with the business and other government agencies.

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

WHAT TO EXPECT AFTER FILING WITH THE FLORIDA AG

1. Review — The Consumer Protection Division reviews complaints and determines whether to investigate.
2. Investigation — For complaints involving patterns of fraud or significant consumer harm, the AG may open a formal investigation.
3. Enforcement — The AG may file civil actions seeking injunctive relief, restitution, civil penalties ($10,000/violation; $15,000 for seniors/disabled/military), and attorney fees.
4. Mediation Referral — Some complaints may be referred to FDACS for mediation.
5. No Individual Representation — The AG does not represent individual consumers. For private claims, consult an attorney about FDUTPA private actions (§ 501.211).

DOCUMENT 1A: FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (FDACS)

FDACS — Division of Consumer Services

Agency Contact Information

FDACS Role

FDACS is the primary consumer complaint intake and mediation agency in Florida. While the AG handles fraud enforcement, FDACS handles day-to-day consumer complaints across a wide range of industries and attempts to mediate disputes between consumers and businesses.

FDACS Complaint Categories:
☐ Automotive (dealers, repair shops)
☐ Business Practices (general)
☐ Charitable Organizations/Solicitations
☐ Dance Studios
☐ Funerals/Cemeteries
☐ Health Studios/Gyms
☐ Household Moving Companies
☐ Lemon Law (new motor vehicles)
☐ Motor Vehicle Repair
☐ Pawn Shops
☐ Sellers of Travel
☐ Sweepstakes/Prizes
☐ Telemarketing
☐ Other: [________________________________]

What to Expect from FDACS

1. Intake — FDACS receives your complaint through the online portal, phone, or mail.
2. Mediation — FDACS contacts the business and attempts to mediate a resolution.
3. Escalation — If mediation fails or the business does not cooperate, the complaint may be escalated for formal investigation.
4. Referral — FDACS may refer certain complaints to the AG or other agencies.

DOCUMENT 2: CFPB CONSUMER FINANCIAL COMPLAINT

Consumer Financial Protection Bureau

Agency Contact Information

Statutory Authority

Under 12 U.S.C. § 5531(a), the CFPB may take action authorized under the Consumer Financial Protection Act’s enforcement provisions to prevent a covered person or service provider from engaging in unfair, deceptive, or abusive acts or practices in connection with consumer financial products or services. Identify the respondent, product or service, conduct, and resulting harm for agency review. Submitting this complaint does not itself require enforcement or a particular monetary award.

SECTION 1: PRODUCT/SERVICE CATEGORY

☐ Credit Reporting / Credit Score — Incorrect information, disputes, identity theft reporting
☐ Debt Collection — Harassment, false representations, unfair practices
☐ Credit Card — Billing disputes, fees, interest rates, rewards
☐ Checking/Savings Account — Unauthorized transactions, fees, account management
☐ Mortgage — Applications, closing, payments, escrow, servicing, foreclosure
☐ Student Loan — Federal or private loans, repayment, forgiveness, servicing
☐ Vehicle Loan/Lease — Auto financing, GAP insurance, repossession
☐ Personal Loan — Installment loans, personal lines of credit
☐ Payday Loan — Short-term lending, rollovers, collections
☐ Money Transfer / Virtual Currency — Wire transfers, remittances, cryptocurrency
☐ Prepaid Card — General purpose reloadable cards, government benefit cards
☐ Title Loan — Title lending, repossession

Sub-Product (if applicable): [________________________________]

SECTION 2: ISSUE TYPE

Credit Reporting Issues:
☐ Incorrect information on your report
☐ Improper use of your report
☐ Problem with a credit reporting company's investigation
☐ Unable to get your credit report or credit score
☐ Problem with fraud alerts or credit freezes

Debt Collection Issues:
☐ Attempts to collect debt not owed
☐ Written notification about debt
☐ Communication tactics (harassment, calls at odd hours)
☐ Threatened or took negative action
☐ False statements or representation

Mortgage Issues:
☐ Applying for a mortgage or refinancing
☐ Closing on a mortgage
☐ Trouble during payment process
☐ Struggling to pay mortgage
☐ Problem with escrow account

Bank Account Issues:
☐ Opening an account
☐ Managing an account
☐ Closing an account
☐ Problem with a lender or other company charging your account
☐ Problem caused by insufficient funds

SECTION 3: COMPLAINT NARRATIVE (CFPB FORMAT)

Complainant Information:

Company Information:

What Happened:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Desired Resolution:

[________________________________]
[________________________________]
[________________________________]

SECTION 4: CFPB COMPLAINT PROCESS AND TIMELINE

What CFPB Can and Cannot Do

CFPB CAN:

• Forward your complaint to the company and require a response
• Track and publish complaint data in its public database
• Identify patterns and trends in company behavior
• Take enforcement action against companies with systemic violations
• Refer complaints to other federal or state agencies

CFPB CANNOT:

• Act as your personal attorney or provide legal advice
• Guarantee individual resolution of your complaint
• Order a company to pay you damages
• Investigate complaints about non-financial products or services

DOCUMENT 3: FTC COMPLAINT

Federal Trade Commission — Report Fraud

Agency Contact Information

Statutory Authority

The FTC enforces Section 5 of the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits "unfair or deceptive acts or practices in or affecting commerce." FDUTPA expressly incorporates FTC Act standards by reference (§ 501.203(3)), so FTC interpretations are directly relevant to Florida consumer protection law.

SECTION 1: COMPLAINT TYPE

☐ Scams and Fraud — Imposter scams, phishing, fake prizes/lotteries, advance fee fraud
☐ Identity Theft — Unauthorized use of personal information
☐ Unwanted Calls/Texts/Email — Robocalls, spam, Do Not Call violations
☐ Online Shopping — Non-delivery, counterfeit goods, deceptive websites
☐ Credit and Debt — Debt relief scams, credit repair scams, illegal lending
☐ Jobs and Making Money — Work-from-home scams, business opportunity fraud
☐ Health and Fitness — Deceptive health claims, weight loss scams
☐ Home and Auto — Home improvement fraud, auto dealer deception
☐ Education — For-profit school fraud, student loan scams
☐ Privacy and Data Security — Data breaches, unauthorized data collection
☐ Other — [________________________________]

SECTION 2: FTC COMPLAINT NARRATIVE

Your Information:

About the Company/Individual:

What Happened:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Amount Paid: $ [________________________________]

Payment Method: ☐ Credit Card ☐ Debit Card ☐ Wire Transfer ☐ Gift Card ☐ Cash ☐ Cryptocurrency ☐ Other: [________]

SECTION 3: WHAT THE FTC DOES WITH YOUR COMPLAINT

• Pattern Tracking: The FTC collects complaints in its Consumer Sentinel Network database, shared with over 2,800 law enforcement agencies.
• Enforcement Actions: The FTC uses complaint data to identify patterns and bring enforcement actions.
• No Individual Resolution: The FTC does not resolve individual complaints. FTC enforcement actions may result in court-ordered refunds.
• Referral: The FTC may refer complaints to other agencies.

DOCUMENT 4: INDUSTRY-SPECIFIC REGULATORS

Federal Banking and Financial Regulators

Other Federal Regulators

Florida State Regulators

FILING STRATEGY AND PRACTICE TIPS

When to File with Which Agency (Florida-Specific)

Florida-Specific Practice Tips

1. FDUTPA four-year statute of limitations — Private FDUTPA actions must be filed within four years (§ 501.2077(4)). The AG is not subject to the same limitation for enforcement actions.
2. No punitive/treble damages — FDUTPA private actions are limited to actual damages, injunctive relief, and attorney fees. No punitive or treble damages are available (§ 501.211).
3. Potential attorney fees to prevailing party — Under § 501.2105, the court may award reasonable attorney fees and costs to the prevailing party after judgment and exhaustion of appeals. The provision can favor either side, but an award is not automatic.
4. File with both AG and FDACS — The AG handles fraud enforcement while FDACS handles mediation. Filing with both maximizes your chances of resolution.
5. Enhanced penalties for seniors/military — If you are 60+ or an active military service member, emphasize this in your complaint, as enhanced penalties of $15,000/violation apply.
6. FTC Act incorporation — FDUTPA expressly adopts FTC Act interpretations, so FTC guidance on unfair/deceptive practices is directly applicable in Florida.
7. Lemon Law — For new vehicle defects, use Florida's Lemon Law program through FDACS rather than filing a general FDUTPA complaint.

Complaint Tracking Log

SOURCES AND REFERENCES

1. Florida Deceptive and Unfair Trade Practices Act — Fla. Stat. §§ 501.201-501.213
   https://law.justia.com/codes/florida/title-xxxiii/chapter-501/part-ii/

2. Florida Attorney General — Consumer Protection
   https://www.myfloridalegal.com/consumer-protection

3. Florida AG Consumer Complaint Form
   https://www.myfloridalegal.com/consumer-protection/consumer-complaint-form

4. Florida FDACS — File a Complaint
   https://www.fdacs.gov/Contact-Us/File-a-Complaint

5. FDACS Online Complaint Portal
   https://complaints.fdacs.gov/

6. Consumer Financial Protection Bureau — Submit a Complaint
   https://www.consumerfinance.gov/complaint/

7. CFPB Complaint Process
   https://www.consumerfinance.gov/complaint/process/

8. Consumer Financial Protection Act — 12 U.S.C. § 5531

9. FTC — Report Fraud
   https://reportfraud.ftc.gov/

10. Florida Office of Financial Regulation
    https://flofr.gov

11. Florida Department of Financial Services
    https://www.myfloridacfo.com

12. Florida Office of Insurance Regulation
    https://www.floir.com

This template is provided for informational purposes only and does not constitute legal advice. Filing a complaint with a government agency does not create an attorney-client relationship, toll any statute of limitations, or guarantee any particular outcome. Consult a qualified attorney licensed in Florida for advice on your specific situation.