Florida Senate - 2016 CS for SB 562 By the Committee on Banking and Insurance; and Senators Stargel and Gaetz 597-02312-16 2016562c1 1 A bill to be entitled 2 An act relating to consumer debt collection; amending 3 s. 559.72, F.S.; providing that a person attempting to 4 collect a debt is not liable for a violation of 5 prohibited communication practices if the debtor or 6 the debtor’s attorney fails to provide certain notice 7 or information; requiring specified information to be 8 included in the written notice; authorizing a debtor’s 9 attorney to provide written notice to an original 10 creditor under certain circumstances; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (18) of section 559.72, Florida 16 Statutes, is amended to read: 17 559.72 Prohibited practices generally.—In collecting 18 consumer debts, no person shall: 19 (18) Communicate with a debtor if the person has knowledge 20
knowsthat the debtor is represented by an attorney with respect 21 to such debt and has knowledge of, or can readily ascertain, 22 such attorney’s name and address, unless the debtor’s attorney 23 fails to respond within 30 days to a communication from the 24 person, unlessthe debtor’s attorney consents to a direct 25 communication with the debtor, or unlessthe debtor initiates 26 the communication. Furthermore, an original creditor is not 27 liable for a violation of this subsection if the debtor’s 28 attorney fails to provide written notice of representation by 29 certified mail to the address designated on the billing 30 statements from the original creditor or to the registered agent 31 of the original creditor. Such written notice of representation 32 must state that the debtor is represented by an attorney with 33 respect to such debt and disclose the attorney’s name and 34 address. A debtor’s attorney may also provide notice of 35 representation to an original creditor by virtue of pleadings 36 and other filings in a filed action. 37 Section 2. This act shall take effect July 1, 2016.