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  knows that 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, unless the debtor’s attorney consents to a direct
   25  communication with the debtor, or unless the 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.