HB 147 — Prohibited Practices in Consumer Debt Collection

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 147 2025 A bill to be entitled An act relating to prohibited practices in consumer debt collection;

makingrevising prohibited practices for a technicalperson change;attempting to collect consumer debt;

providingmaking applicabilitytechnical ofchanges; certain prohibited practices in consumer debt collection;

559.565(2), 559.725(2), 559.77(1) and (2), 648.44(1)(o), and 817.7001(2)(b), F.S., relating to enforcement action against an out-of-state consumer debt collector, consumer complaints and administrative duties, civil remedies, prohibitions and penalties, and definitions, respectively, to incorporate the amendment made to s.

WHEREAS,Be It Enacted by the Legislature acknowledgesof thatthe s.State of Florida:

559.72(17), Florida Statutes, was adopted before e-mail communication became commonly used and that the only specific communication explicitly contemplated in such subsection is telephone calls, and WHEREAS, the Legislature intends to update and clarify prohibited practices in collecting debt to address e-mail communication by excluding such communication from prohibited contact between the hours of 9:00 p.m.

and 8:00 a.m.

because such contact is less invasive and less disruptive than telephone calls, NOW, THEREFORE, Page 1 of 10 CODING:

Words stricken are deletions;

words underlined are additions.

hb147-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 147 2025 Be It Enacted by the Legislature of the State of Florida:

559.72 Prohibited practices generally.—Ingenerally.—Unless otherwise authorized by law, in collecting consumer debts, a no person may not shall:

(3) Tell a debtor who disputes a consumer debt that she or hePage or1 any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtor's reputation for credit worthiness without also informing the debtor that the existence of the10 disputeCODING: will also be disclosed as required by subsection (6).

Words stricken are deletions;

words underlined are additions.

hb147-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 147 2025 he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtor's reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection (6).

(5) Disclose to a person other than the debtor or her or Pagehis 2family ofinformation 10affecting CODING:the debtor's reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false.

(6) Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact.

If a disclosure is made before such dispute has been asserted and written notice is received from the debtor that any part of the debt is disputed, and if such dispute is reasonable, the person who made the original Page 2 of 10 CODING:

hb147-02-c2hb147-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 147 2025 hisdisclosure familymust informationreveal affectingupon the debtor'srequest reputation,of whetherthe ordebtor notwithin for30 creditdays worthiness,the withdetails knowledgeof orthe reasondispute to knoweach that the other person doesto notwhom havedisclosure aof legitimatethe businessdebt needwithout fornotice of the informationdispute orwas thatmade within the informationpreceding is90 false.days.

(6) Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact.

If a disclosure is made before such dispute has been asserted and written notice is received from the debtor that any part of the debt is disputed, and if such dispute is reasonable, the person who made the original disclosure must reveal upon the request of the debtor within 30 days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days.

(9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the Pageexistence 3 of 10some CODING:other legal right when such person knows that the right does not exist.

Words stricken are deletions;

words underlined are additions.

hb147-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 147 2025 existence of some other legal right when such person knows that the right does not exist.

(12) Orally communicate with a debtor in a manner that gives the false impression or appearance that such person is or isPage associated3 withof an10 attorney.CODING:

Words stricken are deletions;

words underlined are additions.

hb147-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 147 2025 is associated with an attorney.

(16) Mail any communication to a debtor in an envelope or Pagepostcard 4with words typed, written, or printed on the outside of 10the CODING:envelope or postcard calculated to embarrass the debtor.

WordsAn strickenexample areof deletions;this would be an envelope addressed to "Deadbeat, Jane Doe" or "Deadbeat, John Doe." (17) Communicate with the debtor via a communication sent and received, as provided in s.

words668.50(15), underlinedbetween arethe additions.hours of 9 p.m.

hb147-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 147 2025 postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor.

An example of this would be an envelope addressed to "Deadbeat, Jane Doe" or "Deadbeat, John Doe." (17) Communicate with the debtor between the hours of 9 p.m.

ThisThe prohibition contained in this subsection does not apply to an e- mail communication that is sent to an e-mail addresscommunication. and that otherwise complies with this section.

(a) The person may presume that the time a telephone call communication is received conforms to the local time zone assignedPage to4 the area code of the10 numberCODING: called, unless the person reasonably believes that the debtor's telephone is located in a different time zone.

(b) If, such as with toll-free numbers, an area code is not assigned to a specific geographic area, the person may presume that the time a telephone call is received conforms to the local time zone of the debtor's last known place of residence, unless the person reasonably believes that the debtor's telephone is located in a different time zone.

(18) Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the debtor's attorney fails to respond within 30 days to a communication from the person, unless the debtor's attorney consents to a direct communication Page 5 of 10 CODING:

hb147-02-c2hb147-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 147 2025 withassigned to the debtor,record oraddress unlessarea code of the debtor initiatesnumber called, unless the communication.person reasonably believes that the debtor's telephone is located in a different time zone.