CS for CS for CS for SB 562                First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2016562e1
       
    1                        A bill to be entitled                      
    2         An act relating to consumer debt collection; amending
    3         s. 559.72, F.S.; specifying methods by which a debtor,
    4         represented by an attorney, may notify a creditor of
    5         such representation; specifying methods by which an
    6         attorney representing a debtor may notify a creditor
    7         of such representation; requiring a creditor to
    8         identify the manner by which a debtor may communicate
    9         notice of representation; providing that a creditor
   10         must cease direct communication with the debtor under
   11         certain circumstances; providing an 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 knows that the
   20  debtor is represented by an attorney with respect to such debt
   21  and has knowledge of, or can readily ascertain, such attorney’s
   22  name and address.
   23         (a) This subsection does not apply if:, unless
   24         1. The debtor’s attorney fails to respond within 30 days to
   25  a communication from the person;, unless
   26         2. The debtor’s attorney consents to a direct communication
   27  with the debtor;, or
   28         3.unless The debtor initiates the communication.
   29         (b) A creditor has knowledge that a debtor is represented
   30  by an attorney if the debtor, individually, has provided notice
   31  of representation by any reasonable means, including oral notice
   32  to a creditor if such oral notice is provided in response to a
   33  communication initiated by the creditor with respect to such
   34  debt.
   35         (c) A creditor has knowledge that a debtor is represented
   36  by an attorney if the attorney representing the debtor has
   37  provided notice of such representation by:
   38         1. Service of pleadings in a filed action with respect to
   39  such debt;
   40         2.Providing written notice of representation to a location
   41  or person according to a prior agreement between the creditor
   42  and the debtor’s attorney which states the debtor is represented
   43  by an attorney with respect to such debt and discloses the
   44  attorney’s name and address;
   45         3. Providing written notice of representation by certified
   46  mail to the registered agent of the creditor which states that
   47  the debtor is represented by an attorney with respect to such
   48  debt and discloses the attorney’s name and address; or
   49         4. Providing written notice of representation by mail,
   50  facsimile, e-mail, or other electronic format designated by the
   51  creditor on a billing statement or other written communication
   52  pertaining to the debt which states that the debtor is
   53  represented by an attorney with respect to such debt and
   54  discloses the attorney’s name and address.
   55         (d) A creditor shall designate, on a billing statement or
   56  other written communication pertaining to the debt, at least one
   57  of the following communication methods for notice of
   58  representation:
   59         1. A mailing address;
   60         2. A facsimile;
   61         3.An e-mail address; or
   62         4. Other electronic means.
   63         (e) For the purposes of this subsection, a creditor must
   64  cease direct communication with the debtor subject to the
   65  limitations and exceptions of this subsection within 3 business
   66  days upon receiving notice of representation from the attorney
   67  representing the debtor.
   68         Section 2. This act shall take effect July 1, 2016.