559.563 – Void registration.
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.
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.
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.
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.
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.
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.
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.
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.
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 […]
559.553 – Registration of consumer collection agencies required; exemptions.
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 […]