Florida Statute §559.715 requires an assignee of consumer debt to provide a written notice of assignment to a debtor 1) after an assignment is made and 2) at least 30 days before taking action to collect a debt. There has been much litigation in the FDCPA and FCCPA arena over whether the failure to follow this statute is a condition precedent to filing suit. Florida courts have established that it isn’t.
Enter the Office of Financial Regulation (OFR), an administrative agency responsible for enforcing administrative remedies pertaining to consumer collection agencies. Despite well settled Florida law, the OFR is taking the position that its administrative enforcement powers do not prevent it from enforcing this statute and it is pursuing consumer collection agencies that are failing to give notice of debt assignment and waiting 30 days prior to collecting on assigned debt.
Typically the OFR gets involved when a consumer files a complaint over a creditor’s collection efforts. This means that although a debtor has no private cause of action against a creditor pertaining to this statute, the OFR can utilize its administrative powers to enforce this statutory provision. Until the Florida courts resolve this dichotomy, an assignee of consumer debt could expect to hear from the OFR for failing to give written notice of assignment and not waiting 30 days before collecting a debt.
If you have concerns or questions, give the professionals at Hiday & Ricke, P.A. a call today.