Proposed Legislation in Florida

Discussion in 'Credit Talk' started by DanS, Mar 25, 2004.

  1. DanS

    DanS Well-Known Member

    http://www.palmbeachpost.com/busine...s/thursday/business_04264e81f02d606c0049.html

    Collection agencies could face fines

    By Kristi Swartz, Palm Beach Post Staff Writer
    Thursday, March 25, 2004

    TALLAHASSEE -- A little girl in Florida who was told by a debt collection agency that her mother would go to jail if she didn't pay what she owed was too much for Rep. Gus Bilirakis.

    "That would scar a little girl for life," Bilirakis, R-Palm Harbor, told reporters in front of the Florida Senate Chamber on Wednesday. "I can't believe this is happening in this state."

    Bilirakis told the story while calling attention to new legislation he's sponsoring along with Sen. Victor Crist, R-Tampa, that would allow the state to fine collection agencies $1,000 every time they make harassing or threatening phone calls.

    The dual bills (SB 2430/HB 1371) clarify a state statute dealing with the registration requirements of collection agencies and maintain that any violation of that statute also violates the Florida Deceptive and Unfair Trade Practices Act and a federal law on debt collection.

    "All kinds of Floridians get into debt," Crist said. "If they get into financial trouble, they deserve ethical treatment."

    Federal law prohibits collection agencies from using profane language or any other form of harassment when trying to discuss the collection of a debt.

    Agents also cannot pose as anyone else, such as attorneys or law enforcement officers, while making the calls.

    "Seniors should not be getting calls in the middle of the night, and children should not be told they will be taken from their parents," said Florida's chief financial officer, Tom Gallagher.

    Gallagher, who heads the state's Department of Financial Services, said the agency has received "hundreds" of complaints over the past year from consumers reporting threatening or frequent phone calls from collection agencies.

    The bills would give the department the ability to oversee collection agency practices.

    "This simply gives much-needed teeth to the laws already on the books," Gallagher said.

    Bilirakis' bill unanimously passed the House subcommittee on banking and securities on Wednesday and will be heard by the House Commerce Committee.

    The Senate Committee on Banking and Insurance unanimously passed Crist's version last week, and it will now go to the Senate Appropriations Committee.
     

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