Florida 2023 Regular Session

Florida House Bill H0113

Introduced
1/4/23  
Refer
1/10/23  
Refer
1/10/23  
Refer
1/10/23  

Caption

Contacting Consumer Debtors

Impact

The bill modifies existing Florida Statutes related to consumer debt collection, specifically section 559.721, which outlines clear restrictions on contacting debtors in situations involving elder abuse, human trafficking, or identity theft. If enacted, such prohibitions would significantly change the landscape of debt collection, mandating that debt collectors adhere to stricter guidelines before engaging with individuals who are confirmed victims of abuse. The bill also amends enforcement mechanisms for out-of-state debt collectors, bringing them under the same legal requirements as local collectors, thereby broadening the scope of consumer protection to include those not physically located in Florida.

Summary

House Bill 0113 is a legislative measure aimed at enhancing the protection of consumers, particularly vulnerable populations such as the elderly and victims of human trafficking, against aggressive debt collection practices. The bill establishes new prohibitions regarding the contact of debtors under certain conditions, notably when the debt arises from documented elder abuse or human trafficking. These protections are designed to prevent debt collectors from pursuing debts incurred due to abuse or exploitation, requiring debtors to provide affidavits confirmed by legal documentation before enforcement actions can resume.

Contention

While supporters argue that these amendments provide essential protections for some of the state's most vulnerable residents, critics may view the bill as creating additional burdens on lawful debt collection practices. Concerns may arise regarding the implementation of these policies and the potential impact on legitimate creditors who might experience difficulties in their collection efforts. As the bill progresses, debates are expected to focus on finding a balance between protecting consumers from exploitative practices and ensuring that creditors can still operate effectively within the legal framework.

Companion Bills

FL S0128

Similar To Contacting Consumer Debtors

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