Florida Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)

Florida gives scam victims two things worth knowing about right away. Its consumer protection law, the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), lets a person who lost money to a deceptive business practice sue for actual damages, with attorney's fees available to whichever side wins. And a new Florida law on cryptocurrency ATMs, signed in June 2026, will cap daily kiosk transactions and require a refund of a victim's first kiosk transaction in some cases, but only starting January 1, 2027.

Be clear about what a complaint to the state does. The Florida Attorney General takes scam complaints online and through a fraud hotline, but its own complaint form says the office "does not represent private citizens seeking the return of their money." Getting money back usually runs through the company that moved it, or through a lawsuit.

Information last verified on October 2, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers Florida state law and Florida agencies for scam and fraud victims, with the federal rules summarized and linked. It does not cover criminal defense, other states' laws, or investment and securities claims in depth.

First steps after a scam in Florida

The most important call is to the bank, card issuer, payment app, wire company or crypto exchange that moved the money, and it should happen right away. Federal law gives your strongest refund rights when a payment was unauthorized, and those rights depend on how you paid; our guide to getting money back after a scam walks through each payment method, and Zelle and payment app scams covers app transfers.

Then report the scam. Federal routes (the FTC at ReportFraud.ftc.gov and the FBI's IC3 at ic3.gov) are explained in where to report a scam. The Florida offices below are in addition to those, not a replacement. If your personal information was taken, see Florida identity theft laws.

Where to report a scam in Florida

The Attorney General's Citizen Services hotline describes itself as "the initial point-of-contact for consumer complaints" and says it "works closely with the Attorney General's Consumer Protection Division to collect and identify patterns of consumer complaints that might indicate the need for further investigation or action." It also provides referrals to other government and community resources.

The AG's paper complaint form asks you to sign this acknowledgment:

"I understand that the Attorney General does not represent private citizens seeking the return of their money or other personal remedies. I am filing this complaint to notify your office of the activities of this company so that it may be determined if law enforcement or legal action is warranted."

Two practical notes. The form asks whether you are over 60 and about military status, noting that penalties can be enhanced for victimizing seniors. And everything you submit is open to public inspection under Chapter 119 of the Florida Statutes, so leave out account numbers and other details you would not want released. A printable Spanish version of the complaint form (Español) is available on the AG's File a Complaint page.

The Office of Financial Regulation is similarly limited. Its complaint page says: "The OFR does not have authority to arbitrate individual claims or disputes on your behalf or represent you in any civil matter."

Florida's consumer protection law: can you sue?

Yes, in many cases. FDUTPA's core rule, in Fla. Stat. section 501.204(1), is that "unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful." Section 501.204(2) directs that "due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts" on the federal FTC Act when applying it.

The private right to sue is in section 501.211(2):

"In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney's fees and court costs as provided in s. 501.2105."

Section 501.211(1) separately lets "anyone aggrieved by a violation of this part" ask a court for a declaratory judgment or an injunction to stop the practice.

What you can recover

• Actual damages. The statute's text provides actual damages. It does not provide treble or multiplied damages, a minimum statutory award, or punitive damages.
• Attorney's fees, but both ways. Section 501.2105(1) says "the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, may receive his or her reasonable attorney's fees and costs from the nonprevailing party." The word is "may," so the award is up to the court, and it runs to whichever side wins. A consumer who sues and loses can be ordered to pay the business's fees.
• Possible bond. Under section 501.211(3), if a defendant alleges a suit is "frivolous, without legal or factual merit, or brought for the purpose of harassment," the court may require the person suing to post a bond.
• Retailer carve-out. Damages, fees and costs are not recoverable against a retailer who, in good faith, passed along a manufacturer's or wholesaler's claims without actual knowledge.

The text of section 501.211 contains no pre-suit notice or demand-letter requirement.

Who FDUTPA does not reach

Section 501.212 lists exclusions. The one that matters most to scam victims is subsection (4): the act does not apply to banks, credit unions and savings and loan associations regulated by the Office of Financial Regulation or by federal agencies. In practice, FDUTPA is a tool against the scammer or a deceptive seller, not against your own bank. Your rights against a bank come mainly from federal law and your account agreement, explained in our money-back guide.

FDUTPA also does not cover "an act or practice required or specifically permitted by federal or state law" (501.212(1)) or "a claim for personal injury or death or a claim for damage to property other than the property that is the subject of the consumer transaction" (501.212(3)).

The senior penalty goes to the state, not to you

Sections 501.2077(2) and (3) make a person who willfully uses a deceptive practice against a senior citizen (60 or older), a person with a disability, or a military servicemember or the servicemember's spouse or dependent child liable for "a civil penalty of not more than $15,000 for each such violation if she or he knew or should have known that her or his conduct was unfair or deceptive." The ordinary penalty for willful violations is $10,000, recovered by the enforcing authority (section 501.2075).

These penalties are pursued by the enforcing authority, such as the Attorney General, and are paid into a state trust fund (501.2077(5)). A private plaintiff's recovery under section 501.211(2) is actual damages plus fees and costs. The senior penalty can still help victims indirectly: section 501.2077(4) says an order of restitution or reimbursement "has priority over the imposition of civil penalties."

Protections for older adults in Florida

Criminal exploitation of an elderly person

Fla. Stat. section 825.103 makes exploitation of an elderly person or disabled adult a felony graded by the amount taken: a first-degree felony at $50,000 or more, second degree at $10,000 or more but less than $50,000, and third degree under $10,000.

The statute is narrower than "anyone who scams a senior." Subsection (1)(a) covers a person "in a position of trust and confidence" or with "a business relationship" with the victim, and (1)(b) covers a person who "knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent." Other paragraphs cover guardians, trustees and agents under a power of attorney, caregivers, tampering with a will or trust, and anyone who transfers money out of the older person's own account without authorization. A stranger who talks a capable older person into sending money may be prosecuted under other criminal laws, which this page does not cover.

Section 825.103(2) adds a presumption aimed at sweetheart and isolation scams. When a person 65 or older transfers more than $10,000 to a non-relative they have known for less than two years, without getting equivalent value back, the law creates "a permissive presumption that the transfer was the result of exploitation," whether the parties called the transfer a gift or a loan. It does not apply to a valid written loan with definite repayment dates (unless repayment is more than 65 days in default), to people in the business of making loans, or to bona fide donations to tax-exempt charities.

A civil lawsuit for exploitation

Fla. Stat. section 415.1111 gives a separate right to sue:

"A vulnerable adult who has been abused, neglected, or exploited as specified in this chapter has a cause of action against any perpetrator and may recover actual and punitive damages."

"A party who prevails in any such action may be entitled to recover reasonable attorney's fees, costs of the action, and damages." The suit can be brought by the adult, a guardian, a person or organization acting with the adult's consent, or a personal representative. Whether a particular person counts as a "vulnerable adult" depends on the definition in section 415.102, so read that definition or ask a lawyer before relying on this remedy.

Banks must report, and may pause transactions

Under section 415.1034(1)(a), bank, savings and loan and credit union officers, trustees and employees, and securities dealers, investment advisers and associated persons, who know or have reasonable cause to suspect that a vulnerable adult is being exploited "must immediately report such knowledge or suspicion to the central abuse hotline."

Section 415.10341 then lets a financial institution that has made such a report delay a disbursement or transaction for a "specified adult," meaning a person 65 or older or a vulnerable adult. The rules:

1. The institution must promptly start an internal review.
2. Within 3 business days it must give written notice, with the reason, to the people authorized on the account and to any trusted contact (but not to the suspected exploiter).
3. The delay expires 15 business days after it starts, but the institution may extend it for up to 30 more business days if its review still supports the suspicion. A court can shorten or extend it.

This is permission, not a duty. If you are worried about a parent who is about to send money, it can help to tell the bank or credit union directly and to name a trusted contact on the account. A parallel rule in section 517.34 lets securities dealers and investment advisers pause disbursements from brokerage and advisory accounts for the same 15 plus 30 business days, with notice to Florida's Office of Financial Regulation within 3 business days.

Florida laws aimed at specific scams

Cryptocurrency ATMs (virtual currency kiosks), from January 1, 2027

Chapter 2026-178, Laws of Florida (CS/HB 505), was approved by the Governor on June 26, 2026. Its consumer protections take effect January 1, 2027, and from March 1, 2027, a kiosk business may not operate without registering with the Office of Financial Regulation (existing operators must apply within 30 days after January 1, 2027). These rules do not cover kiosk transactions made before January 1, 2027. Once in force, the new sections of Chapter 560 require:

• Daily limits (section 560.505). A kiosk business "may not permit a new customer to transact more than $2,000 per calendar day," and may not permit an existing customer to transact more than $10,000 per calendar day, across one or more kiosks. A "new customer" is one who has transacted with that kiosk business for fewer than 7 days.
• A fraud warning (section 560.504). The kiosk must ask whether you used another kiosk that day and display a warning that begins: "WARNING: FRAUD OFTEN STARTS WITH CONTACT FROM A STRANGER." It tells anyone sent to the machine by someone claiming to be a government agent, bill collector, law enforcement officer, or anyone they do not know personally to stop the transaction.
• A detailed receipt (section 560.506), including the operator's contact information with a toll-free number, the date and time, the dollar amount, the transaction hash and wallet addresses, the fee, the exchange rate, a liability statement, and the refund policy.
• A refund of the first transaction (section 560.507). The kiosk business "must issue a full refund within 72 hours to a customer for the customer's first virtual currency transaction" if both conditions are met:

"(1) Within 60 days, the customer notifies the virtual currency kiosk business and a law enforcement or governmental agency regarding the fraudulent nature of the transaction. (2) The customer provides proof of the alleged fraud to the virtual currency kiosk business, such as a police report or a notarized affidavit."

The refund covers only the customer's first transaction. Later deposits, which is where scammers often push victims to keep feeding the machine, are not covered by this refund rule. Licensed money transmitters that run kiosks do not have to register separately but are still bound by the warning, limit, receipt and refund sections (560.502(2)).

Phishing websites and emails

Florida's anti-phishing law prohibits using a web page, domain name or email to impersonate someone in order to solicit identifying information (section 668.703). But section 668.704 lets only these parties sue: an internet access provider, a financial institution, the owner of the impersonated web page, trademark or service mark, and the Attorney General. Individual victims are not on that list. Report phishing as described in our guide to phishing, smishing and vishing.

Fake lawyers and notarios

Under section 454.23, a person who is not licensed and who practices law in Florida, or holds themselves out to the public as qualified to practice law, or uses a title implying they are qualified, commits a third-degree felony. That covers anyone posing as a lawyer, including a "notario" offering legal help with immigration. See our guide to notario fraud.

Door-to-door and telephone sales

For home solicitation sales over $25 made away from the seller's place of business, Florida requires a "BUYER'S RIGHT TO CANCEL" notice and lets the buyer cancel "before midnight of the third business day after you sign" (sections 501.021 and 501.031). Commercial telephone sellers must be licensed by FDACS before doing business in Florida (section 501.605). A telephone sales contract must be signed, the buyer may cancel in writing within 3 business days after receiving the confirmation, and if the seller violated the law in making the sale or failed to deliver within 30 days, the buyer can void the contract and is entitled to a return of everything paid within 14 days (section 501.615). FDACS notes that not every unwanted call is a violation, since a scam, survey or political call may be an unregulated communication.

Suing a scammer or a business in Florida

Small claims. Florida small claims court hears "a demand for money or property, the value of which does not exceed $8,000 exclusive of costs, interest, and attorneys' fees" (Fla. Sm. Cl. R. 7.010(b), July 1, 2026 edition).

Deadlines. Under section 95.11(3), "a legal or equitable action founded on fraud" must be brought within four years. Section 95.031(2)(a) runs that period "from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence," but in any event the suit must start within 12 years after the fraud. The same four-year subsection covers "an action founded on a statutory liability," which on its words appears to include a FDUTPA claim; confirm the deadline for your claim with a lawyer. More detail is on our Florida statute of limitations page.

The honest limit. A Florida judgment is only as good as your ability to collect it. When the scammer is anonymous or overseas, there is usually no one to serve and nothing to collect from. Lawsuits work best against a business you can identify, such as a deceptive seller, contractor or company with a Florida address. If a debt collector is pressing you over a debt connected to a scam, see Florida debt collection laws.

Related guides

• Scams and fraud: the hub
• How to get money back after a scam
• Where to report a scam
• Zelle and payment app scams
• Tech support and fake invoice scams
• Florida identity theft laws
• Florida debt collection laws
• Florida statute of limitations

Last updated: October 2, 2026.

This article provides general legal information about Florida law as verified on October 2, 2026. It is not legal advice. For your specific situation, contact your bank or payment company, the Florida office named above, or a lawyer licensed in Florida.

Frequently Asked Questions

Will the Florida Attorney General get my money back from a scammer?

Usually not directly. The AG's complaint form says the office does not represent private citizens seeking the return of their money; it uses complaints to decide whether law enforcement or legal action is warranted. Report to the AG, but also contact the company that moved your money right away.

How do I report a scam in Florida?

File with the Florida Attorney General online or call 1-866-9-NO-SCAM (1-866-966-7226) from inside Florida, or (850) 414-3990 from outside the state. Report exploitation of an older or disabled adult to the Florida Abuse Hotline at 1-800-962-2873.

Can I sue under Florida's Deceptive and Unfair Trade Practices Act?

Yes. Fla. Stat. section 501.211(2) lets a person who suffered a loss recover actual damages plus attorney's fees and costs as section 501.2105 provides. There are no treble damages, and fees go to the prevailing party at the court's discretion, so a losing consumer can owe the other side's fees.

Can I use FDUTPA against my bank after a scam?

Generally no. Section 501.212(4) excludes banks, credit unions and savings and loan associations regulated by Florida's Office of Financial Regulation or by federal agencies. Your rights against a bank come mainly from federal law and your account agreement.

Does Florida have a crypto ATM law?

Yes, but it starts January 1, 2027. Chapter 2026-178 limits new customers to $2,000 a day and existing customers to $10,000 a day and requires a full refund of a victim's first kiosk transaction within 72 hours if the victim notifies the kiosk business and a law enforcement or government agency within 60 days and provides proof such as a police report.

Can a Florida bank hold a transaction if it suspects elder fraud?

Yes. Under Fla. Stat. section 415.10341, after reporting suspected exploitation of someone 65 or older or a vulnerable adult, a bank or credit union may delay a disbursement for 15 business days and extend the delay by up to 30 more business days.

What is the small claims limit in Florida?

$8,000, not counting costs, interest and attorney's fees, under Florida Small Claims Rule 7.010(b) in the July 1, 2026 edition.

How long do I have to sue for fraud in Florida?

Four years under Fla. Stat. section 95.11(3), counted from when the fraud was discovered or should have been discovered with due diligence, but no later than 12 years after the fraud under section 95.031(2)(a).