Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 562
       
       
       
       
       
       
                                Ì1278629Î127862                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/01/2016           .                                
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       The Committee on Commerce and Tourism (Ring) recommended the
       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 22 - 36
    4  and insert:
    5  such attorney’s name and address. A debtor, individually, may
    6  notify such person of attorney representation by way of any
    7  reasonable means, including verbal notice.
    8         (a) This subsection does not apply if:, unless
    9         1. The debtor’s attorney fails to respond within 30 days to
   10  a communication from the person;, unless
   11         2. The debtor’s attorney consents to a direct communication
   12  with the debtor;, or
   13         3. unless The debtor initiates the communication.
   14         (b) For purposes of this subsection, if notice of attorney
   15  representation is provided by a debtor’s attorney, a creditor
   16  has knowledge that a debtor is represented by an attorney if the
   17  attorney representing the debtor has provided notice of such
   18  representation by:
   19         1. Service of pleadings or other papers, such as a Notice
   20  of Appearance in a filed action;
   21         2. Providing written notice of representation by mail to
   22  the registered agent of the creditor which states that the
   23  debtor is represented by an attorney with respect to such debt
   24  and which discloses the attorney’s name and address; or
   25         3. Providing notice of representation by mail, facsimile,
   26  e-mail, or other electronic format designated by the creditor on
   27  a billing statement or other written correspondence stating that
   28  the debtor is represented by an attorney with respect to such
   29  debt and stating the attorney’s name and address. The creditor
   30  must designate a mailing address on the billing statement or
   31  other written correspondence for receipt of notice of attorney
   32  representation. The creditor may designate a facsimile number, a
   33  regularly monitored e-mail address, or other electronic means
   34  for receipt of notice of attorney representation.
   35         (20) Use any false representation or deceptive or unfair
   36  means to collect or attempt to collect any debt or to obtain
   37  information concerning a consumer.
   38  
   39  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   40  And the directory clause is amended as follows:
   41         Delete line 16
   42  and insert:
   43  Statutes, is amended, and subsection (20) is added to that
   44  section, to read:
   45  
   46  ================= T I T L E  A M E N D M E N T ================
   47  And the title is amended as follows:
   48         Delete lines 3 - 10
   49  and insert:
   50         s. 559.72, F.S.; authorizing a debtor to individually
   51         notify a person that the debtor is represented by an
   52         attorney under certain circumstances; providing
   53         exceptions to prohibited communications practices if
   54         the debtor or the debtor’s attorney fails to provide
   55         certain notice or information; providing notification
   56         requirements; prohibiting a creditor from using false
   57         representation or deceptive or unfair means to collect
   58         debts or information; providing an