2007 Florida Statutes
560.406 Worthless checks.--If a check is returned to a deferred presentment provider from a payor financial institution due to lack of funds, a closed account, or a stop-payment order, the deferred presentment provider may seek collection pursuant to s. 68.065, except a deferred presentment provider shall not be entitled to collect treble damages pursuant s. 68.065 The notice sent by a deferred deposit provider pursuant to s. 68.065 shall not include any references to treble damages and must clearly state that the deferred presentment provider is not entitled to recover such damages. Except as otherwise provided in this part, an individual who issues a personal check to a deferred presentment provider under a deferred presentment agreement is not subject to criminal penalty. If a check is returned to a deferred presentment provider from a payor financial institution due to insufficient funds, a closed account, or a stop-payment order, the deferred presentment provider may pursue all legally available civil remedies to collect the check, including, but not limited to, the imposition of all charges imposed on the deferred presentment provider by any financial institution. In its collection practices, a deferred presentment provider shall comply with the prohibitions against harassment or abuse, false or misleading representations, and unfair practices which are contained in ss. 806, 807, and 808 of the Fair Debt Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, 1692f. A violation of this act is a deceptive and unfair trade practice and constitutes a violation of the Deceptive and Unfair Trade Practices Act, part II of chapter 501. In addition, a deferred presentment provider shall comply with the applicable provisions of part VI of chapter 559, the Consumer Collection Practices Act, including, but not limited to, the provisions of s. 559.77
History.--s. 13, ch. 2001-119.