News & Analysis as of

Florida Debt Collection

Bradley Arant Boult Cummings LLP

Florida Closes the Door on “Quiet Hour” Email Claims Under the FCCPA

Over the past few years, we’ve seen a wave of consumer lawsuits filed under Florida’s Consumer Collection Practices Act (FCCPA), many of them alleging violations of the law’s “quiet hours” provision based solely on the timing...more

Baker Donelson

Florida's Consumer Protection Statute Amended to Exclude Emails as Prohibited After-Hours Communications

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The Florida Consumer Collection Practices Act (FCCPA) – Florida's state-law version of the federal Fair Debt Collection Practices Act (FDCPA) – has long been the subject of consumer protection lawsuits, including, in recent...more

Ballard Spahr LLP

DeSantis signs bill allowing debt collection emails between 9 p.m. and 8 a.m.

Ballard Spahr LLP on

Florida Gov. Ron DeSantis recently signed legislation making it clear that debt collection emails sent between 9 p.m. and 8 a.m. do not violate Florida law....more

Orrick, Herrington & Sutcliffe LLP

Florida updates law to allow communication with debtors via emails overnight

On May 20, the Florida Legislature enacted a bill, SB 232, amending the state’s debt collection practices. The legislation addresses the use of email communication, excluding it from the prohibited contact hours of 9:00 p.m....more

Katten Muchin Rosenman LLP

Financial Services and Technology: Florida Changes Law to Make Clear that Collection-Related Emails Are Not Included in the...

On May 16, Governor Ron DeSantis signed bill CS/CS/SB 232 into law. The bill includes modifications to the Florida Consumer Collection Practices Act (FCCPA) to make clear that the prohibition on communications between “9...more

Troutman Pepper Locke

Florida Enacts New Debt Collection Legislation to Account for Modern Technologies — Makes Clear that Emails Are Not Prohibited...

Troutman Pepper Locke on

On May 16, Florida Governor Ron DeSantis signed into law CS/CS/SB 232, aimed at refining debt collection practices within the state. Among other things, the amendment to the Florida Consumer Collection Practices Act clarifies...more

Troutman Pepper Locke

Florida Court of Appeals Holds Personal Claims Under the FCCPA are Not Assignable

Troutman Pepper Locke on

The Court of Appeals for the Fourth District of Florida affirmed a trial court’s holding that claims under the Florida Consumer Collection Practices Act (FCCPA) cannot not be assigned. In KAC 2021-1, LLC v. Mary T. Matuskah...more

Troutman Pepper Locke

Florida Bankruptcy Court Sanctions Debt Buyer for Seeking to Collect Debt that Consumer Failed to Schedule in Bankruptcy Case

Troutman Pepper Locke on

The debt purchaser in In re McIntosh argued that because it was enforcing a debt that was not listed correctly on the debtor’s bankruptcy schedules, it was entitled to assume the debt had not been discharged. The U.S....more

Davis Wright Tremaine LLP

April 2023 UDAAP Bulletin

The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau and the Federal Trade Commission regarding...more

Akerman LLP - Health Law Rx

Direct Patient Billing Can Create Provider Liability in Florida

To bill or not to bill, that is the question. Or, more appropriately, who to bill and when to bill, that is the question. Providers who bill patients under the circumstances described below may face liability. ...more

Robins Kaplan LLP

Arbitration Enforcement? The Potential Expansion of Debt Collection

Robins Kaplan LLP on

There’s a storm brewing in the Southern District of Florida, and plaintiffs’ attorneys are hoping it rains. Last week, a federal magistrate judge issued an order for the parties to submit supplemental authority on the...more

Burr & Forman

Allegedly Time-Barred Foreclosures Do Not Form Basis for FDCPA/FCCPA Lawsuits Outside Bankruptcy Context

Burr & Forman on

In an order issued yesterday, Judge Dalton of the Middle District of Florida held that in a non-bankruptcy context, allegations that collection of a mortgage debt is barred by the statute of limitations do not form a...more

Burr & Forman

Second DCA Holds that Florida Statute § 559.715 is Inapplicable to Note Holders

Burr & Forman on

The Second District Court of Appeal has become the first appellate court in Florida to hold that Florida Statute § 559.715, part of the Florida Consumer Collection Practices Act, Chapter 559, et seq. (“FCCPA”), does not...more

BakerHostetler

Latest CFPB Report Highlights Consumer Debt Collection Complaints

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On March 29, the Consumer Financial Protection Bureau (CFPB) released its monthly report summarizing consumer complaints received through February 2016. Overall to date, the CFPB has received over 834,400 complaints....more

Stinson - Corporate & Securities Law Blog

CFPB Releases Monthly Complaint Report for March 2016

On March 29, 2016, the Consumer Financial Protection Bureau (CFPB) released its latest Monthly Complaint Report for March 2016, which provides an overview of three-month trends in consumer complaints. This Monthly Report...more

Ballard Spahr LLP

CFPB March 2016 complaint report highlights debt collection complaints, complaints from Florida consumers

Ballard Spahr LLP on

The CFPB has issued its March 2016 complaint report which highlights complaints about debt collection and complaints from Florida consumers. The CFPB began taking complaints about debt collection in July 2013. General...more

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