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Why Chat stands corrected


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Posted by Why Chat (209.240.198.61) on September 24, 2003 at 18:11:30:

In Reply to: Why chat please correct me,but your statement may be posted by appleclean on September 24, 2003 at 17:44:41:


You are correct, however,the FDCPA 15% rule for being CONSIDERED TO BE a collection agent overrides the Fl. licensing limitation in some cases, particularly where the lawyer is predominately representing non licensed out of State collection agencies.In those cases, the Courts have ruled that it is a commercial collection practice.

Florida Consumer Collection Practices Act
Florida collection agency law provides coverage for both commercial collection practices and consumer collection practices.
The Florida Consumer Collection Practices Act generally adopts the federal Fair Debt Collection Practices Act and contains provisions which requires the registration of in state and out of state consumer collection agencies, a 30-days written notice to consumers of the assignment of consumer debt for collection purposes, and a state division to deal with consumer complaints. The act also provides administrative remedies, and civil and criminal penalties against violators. (559.55)
This act prescribes the requirements and procedure for registration of a commercial collection agency in the State of Florida and sets forth the penalties for violators.

(5) However, there are exceptions to the application for:

(a) A member of The Florida Bar, *unless such person is primarily engaged in the collection of commercial claims.*



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