Florida collection agency law provides coverage for both commercial collection practices and consumer commercial collection practices.

The Florida Consumer Collection Practices Act generally adopts the federal Fair Debt Collection Practices Act and contains provisions which requires the registration of in state and out of state consumer collection agencies,  a 30-days written notice to consumers of the assignment of consumer debt for collection purposes, and a state division to deal with consumer complaints.  The act also provides admistrative remedies, and civil and criminal penalties against violators. (Section 559.55 et seq.)

This act prescribes the requirements and procedure for registration of a commercial collection agency in the State of Florida and sets forth the penalties for violators.

(5)  However, there are exceptions to the application for:

(a)  A member of The Florida Bar, unless such person is primarily engaged in the collection of commercial claims.

(b)  A financial institution authorized to do business in this state and any wholly owned subsidiary and affiliate thereof.

(c)  A licensed real estate broker.

(d)  A title insurance company authorized to do business in Florida.

(e)  A collection agency which is not primarily engaged in the collection of commercial claims. "Not primarily engaged in the collection of commercial claims" means that less than one-half of the collection revenue of such agency arises from the collection of commercial claims.

(f)  A consumer finance company and any wholly owned subsidiary and affiliate thereof.

(g)  A person licensed pursuant to chapter 520.

(h)  A credit grantor.

(i)  An out-of-state collector as defined in this part.

(j)  An FDIC-insured institution or subsidiary or affiliate thereof.

Common Questions Involving Debt Collection

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