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FL H0113
Bill
Status
Failed
5/5/2023
Primary Sponsor
Alex Andrade
Click for details
AI Summary
- Creates s. 559.721, F.S., prohibiting registered consumer debt collectors from contacting debtors regarding debts arising from documented elder abuse, human trafficking, identity theft, exploitation of vulnerable adults, or debts incurred while the debtor was in foster care
- For elder abuse and human trafficking cases, the contact prohibition lasts 2 years after the debtor provides a sworn affidavit, or indefinitely if the perpetrator is convicted of a related crime; for identity theft and vulnerable adult exploitation, the prohibition applies indefinitely
- Requires debtors to provide supporting documentation (police reports, FTC identity theft reports, official human trafficking documentation, or injunctions) along with signed affidavits under penalty of perjury to trigger the contact prohibitions
- Extends enforcement actions, including administrative fines and registration revocation or suspension, to out-of-state consumer debt collectors who violate the new prohibitions
- Provides civil remedies allowing debtors to sue violators for actual damages plus up to $1,000 in statutory damages, court costs, reasonable attorney fees, and punitive damages; class action aggregate statutory damages are capped at the lesser of $500,000 or 1% of the defendant's net worth
- Effective date of July 1, 2023
Legislative Description
Contacting Consumer Debtors
Last Action
Died in Insurance & Banking Subcommittee
5/5/2023
Committee Referrals
Insurance And Banking Subcommittee1/10/2023
Full Bill Text
No bill text available