559.55 Definitions.—The following terms shall, unless the context otherwise indicates, have the following meanings for the purpose of this part: (1) “Commission” means the Financial Services Commission. (2) “Communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium. (3) “Consumer collection agency” means any debt collector or business entity engaged in […]
559.551 Short title.—Sections 559.55-559.785 may be cited as the “Florida Consumer Collection Practices Act.” History.—ss. 5, 13, ch. 93-275.
559.552 Relationship of state and federal law.—Nothing in this part shall be construed to limit or restrict the continued applicability of the federal Fair Debt Collection Practices Act to consumer collection practices in this state. This part is in addition to the requirements and regulations of the federal act. In the event of any inconsistency between […]
559.553 Registration of consumer collection agencies required; exemptions.— (1) A person may not engage in business in this state as a consumer collection agency or continue to do business in this state as a consumer collection agency without first registering in accordance with this part, and thereafter maintaining a valid registration. (2) Each consumer collection agency doing business […]
559.554 Powers and duties of the commission and office.— (1) The office is responsible for the administration and enforcement of this part. (2) The commission may adopt rules to administer this part, including rules: (a) Requiring electronic submission of forms, documents, and fees required by this part. (b) Establishing time periods during which a consumer collection agency is barred from […]
559.5541 Examinations and investigations.— (1) Notwithstanding s. 559.725(4), the office may, without advance notice, conduct examinations and investigations, within or outside this state, to determine whether a person has violated this part or related rules. For purposes of this section, the office may examine the books, accounts, records, and other documents or matters of any person subject […]
559.555 Registration of consumer collection agencies; procedure.— (1) A person who acts as a consumer collection agency must be registered in accordance with this section. (2) In order to apply for a consumer collection agency registration, an applicant must: (a) Submit a completed application form as prescribed by rule of the commission. (b) Submit a nonrefundable application fee of $200. […]
559.5551 Requirements of registrants.—A registrant under this part shall report to the office in a manner prescribed by rule of the commission: (1) A conviction of, or plea of nolo contendere to, regardless of adjudication, a crime or administrative violation that involves fraud, dishonesty, breach of trust, money laundering, or any other act of moral turpitude, in […]
559.5556 Maintenance of records.— (1) Each registered consumer collection agency shall maintain, at the principal place of business designated on the registration, all books, accounts, records, and documents necessary to determine the registrant’s compliance with this part. (2) The office may authorize the maintenance of records at a location other than a principal place of business. The office […]
559.5558 Public records exemption; investigations and examinations.— (1) As used in this section, the term “personal financial and health information” means: (a) Information relating to the existence, nature, source, or amount of a consumer’s personal income, expenses, and debt; (b) Information relating to a consumer’s financial transactions of any kind; (c) Information relating to the existence, identification, nature, or value […]
559.563 Void registration.—Any registration made under this part based upon false identification or false information, or identification not current with respect to name, address, and business location, or other fact which is material to such registration, shall be void. Any registration made and subsequently void under this section shall not be construed as creating any defense […]
559.565 Enforcement action against out-of-state consumer debt collector.—The remedies of this section are cumulative to other sanctions and enforcement provisions of this part for any violation by an out-of-state consumer debt collector, as defined in s. 559.55(11). (1) An out-of-state consumer debt collector who collects or attempts to collect consumer debts in this state without first registering […]
559.715 Assignment of consumer debts.—This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to collect the […]
559.72 Prohibited practices generally.—In collecting consumer debts, no person shall: (1) Simulate in any manner a law enforcement officer or a representative of any governmental agency. (2) Use or threaten force or violence. (3) Tell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or […]
559.725 Consumer complaints; administrative duties.— (1) The office shall receive and maintain records of correspondence and complaints from consumers concerning any and all persons who collect debts, including consumer collection agencies. (2) The office shall inform and furnish relevant information to the appropriate regulatory body of the state or the Federal Government, or The Florida Bar in the […]
559.726 Subpoenas.— (1) The office may: (a) Issue and serve subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of all books, accounts, records, and other documents and materials relevant to an investigation conducted by the office. The office, or its authorized representative, may administer oaths and affirmations to any person. (b) Seek subpoenas […]
559.727 Cease and desist orders.—The office may issue and serve upon any person an order to cease and desist and to take corrective action if it has reason to believe the person is violating, has violated, or is about to violate any provision of this part, any rule or order issued under this part, or any […]
559.730 Grounds for disciplinary action; administrative remedies.— (1) Each of the following acts constitutes a ground for which the disciplinary actions specified in subsection (2) may be taken against a person registered or required to be registered under this part: (a) Failure to disburse funds in accordance with agreements. (b) Fraud, misrepresentation, deceit, negligence, or incompetence in a collection […]
559.77 Civil remedies.— (1) A debtor may bring a civil action against a person violating the provisions of s. 559.72 in the county in which the alleged violator resides or has his or her principal place of business or in the county where the alleged violation occurred. (2) Any person who fails to comply with any provision of […]
559.78 Judicial enforcement.—In addition to other penalties provided in this part, state attorneys and their assistants are authorized to apply to the court of competent jurisdiction within their respective jurisdictions, upon the sworn affidavit of any person alleging a violation of any of the provisions of this part. Such court shall have jurisdiction, upon hearing and […]
