EFFECTIVE TODAY FLORIDA REQUIRES NOTICE OF ASSIGNMENT TO BE PROVIDED AT LEAST 30 DAYS BEFORE ANY ACTION TO COLLECT A DEBT
The notice of assignment requirement under the Florida Consumer Collection Practices Act (“CCPA”) has recently been amended. The CCPA provides that it does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee now must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to collect the debt. The assignee is a real party in interest and may bring an action to collect a debt that has been assigned to the assignee and is in default. Fla. Stat. Ann. § 559.715. The prior version of the CCPA merely required an assignee to provide a notice within 30 days after assignment. Importantly, the CCPA now prohibits actions to collect the debt within 30 days after giving the notice.
Debt buyers and collectors should review their communications and collection practices with Florida residents to make sure that they comply with the amended law.
- Margaret Stolar and Chuck Gall