American Credit and Collections Website

[mdunn]

These will go into effect on 10/1/2010:

S.B. 2724 "Requires consumer collection agencies to be licensed instead of registered. Authorizes the office to disapprove the use of certain names for a consumer collection agency. Revises provisions relating to consumer complaints about a consumer collection agency, etc."

H.B. 1219 "Requires consumer collection agencies to be licensed instead of registered; limits effective period of license to 2 years; requires licensee to obtain surety bond; authorizes DFS to investigate license applicants; repeals provisions for void registrations; clarifies that out-of-state consumer collection agency is subject to same sanctions & fines as in-state licensee; provides fine for failing to obtain license; provides that prohibited act conducted by agent, employee, or control person is violation by consumer collection agency; provides grounds for denial, suspension, or revocation of license; provides for duration of license suspension or revocation; prohibits willful obstruction of investigations; authorizes DFS to adopt penalty guidelines; provides for payment of restitution; revises provisions for civil remedies; extends statute of limitations; revises provisions for injunctions; provides criminal penalties for failure to obtain license; authorizes Attorney General to bring action against consumer collection agency under Florida Deceptive & Unfair Trade Practices Act."
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Sincerely,
Michelle Dunn

[sandygpi]

I have found that many in Florida collections do not know the law in Florida requires a person to be a licensed private investigator, be a member of the Florida Bar or employed by a member of the Florida Bar. In other words, there are a lot of people performing "skip tracing" that should not be, thus taking business away from those of us who do comply with the law.

The question is: if a debtor is found by a skip tracer who does not comply with Florida law, does that debtor have any protection under the FDCPA?
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Contact Missing/Located:
You must locate before you can collect, licensed pi's who know how to find debtors. Locates are confirmed.