Florida Senate - 2019                      CS for CS for SB 1034
       
       
        
       By the Committees on Judiciary; and Banking and Insurance; and
       Senator Gruters
       
       
       
       
       590-04034-19                                          20191034c2
    1                        A bill to be entitled                      
    2         An act relating to assignment of consumer debts;
    3         amending s. 559.715, F.S.; authorizing an assignee to
    4         take certain actions for debts that are in default;
    5         revising when an assignee may bring an action to
    6         collect a debt; specifying that such action is subject
    7         to certain requirements; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 559.715, Florida Statutes, is amended to
   12  read:
   13         559.715 Assignment of consumer debts.—
   14         (1) If a creditor assigns This part does not prohibit the
   15  assignment, by a creditor, of the right to bill and collect a
   16  consumer debt. However, the assignee must give the debtor
   17  written notice of such assignment as soon as practical after the
   18  assignment is made. If the debt is in default, the written
   19  notice of such assignment must be made, but at least 30 days
   20  before the assignee takes any action to collect the debt.
   21  Notwithstanding such 30-day period, for a debt that is in
   22  default, the assignee may:
   23         (a) Provide the disclosure required by 15 U.S.C. s.
   24  1692e(11).
   25         (b) Provide the notice required by 15 U.S.C. s. 1692g.
   26         (c) Communicate with the debtor so long as the debtor
   27  initiates the communication.
   28         (d) Accept payment from the debtor so long as the debtor
   29  initiates the payment.
   30         (2) The assignee is a real party in interest and may bring
   31  an action in a court of competent jurisdiction to collect a debt
   32  that has been assigned to the assignee and is in default. Such
   33  action is subject to the 30-day period specified in subsection
   34  (1).
   35         Section 2. This act shall take effect July 1, 2019.