Florida Statute 559.55 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY

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F.S. 559.55

559.55 Definitions.—The following terms shall, unless the context otherwise indicates, have the following meanings for the purpose of this part:

(1) “Commission” means the Financial Services Commission.

(2) “Communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.

(3) “Consumer collection agency” means any debt collector or business entity engaged in the business of soliciting consumer debts for collection or of collecting consumer debts, which debt collector or business is not expressly exempted as set forth in s. 559.553(3).

(4) “Control person” means an individual, partnership, corporation, trust, or other organization that possesses the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. The term includes, but is not limited to:

(a) A company’s executive officers, including the president, chief executive officer, chief financial officer, chief operations officer, chief legal officer, chief compliance officer, director, and other individuals having similar status or functions.

(b) For a corporation, a shareholder who, directly or indirectly, owns 10 percent or more or that has the power to vote 10 percent or more, of a class of voting securities unless the applicant is a publicly traded company.

(c) For a partnership, all general partners and limited or special partners who have contributed 10 percent or more or that have the right to receive, upon dissolution, 10 percent or more of the partnership’s capital.

(d) For a trust, each trustee.

(e) For a limited liability company, all elected managers and those members who have contributed 10 percent or more or that have the right to receive, upon dissolution, 10 percent or more of the partnership’s capital.

(5) “Creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but does not include any person to the extent that they receive an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

(6) “Debt” or “consumer debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

(7) “Debt collector” means any person who uses any instrumentality of commerce within this state, whether initiated from within or outside this state, in any business the principal purpose of which is the collection of debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. The term “debt collector” includes any creditor who, in the process of collecting her or his own debts, uses any name other than her or his own which would indicate that a third person is collecting or attempting to collect such debts. The term does not include:

(a) Any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

(b) Any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person is acting as a debt collector for persons to whom it is so related or affiliated and if the principal business of such persons is not the collection of debts;

(c) Any officer or employee of any federal, state, or local governmental body to the extent that collecting or attempting to collect any debt is in the performance of her or his official duties;

(d) Any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

(e) Any not-for-profit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; or

(f) Any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent that such activity is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; concerns a debt which was originated by such person; concerns a debt which was not in default at the time it was obtained by such person; or concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

(8) “Debtor” or “consumer” means any natural person obligated or allegedly obligated to pay any debt.

(9) “Federal Fair Debt Collection Practices Act” or “Federal Act” means the federal legislation regulating fair debt collection practices, as set forth in Pub. L. No. 95-109, as amended and published in 15 U.S.C. ss. 1692 et seq.

(10) “Office” means the Office of Financial Regulation of the commission.

(11) “Out-of-state consumer debt collector” means any person whose business activities in this state involve both collecting or attempting to collect consumer debt from debtors located in this state by means of interstate communication originating from outside this state and soliciting consumer debt accounts for collection from creditors who have a business presence in this state. For purposes of this subsection, a creditor has a business presence in this state if either the creditor or an affiliate or subsidiary of the creditor has an office in this state.

History.—s. 1, ch. 72-81; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 3, 6, ch. 81-314; ss. 2, 3, ch. 81-318; ss. 1, 3, ch. 83-265; ss. 4, 13, ch. 93-275; s. 817, ch. 97-103; s. 677, ch. 2003-261; s. 1, ch. 2014-116; s. 68, ch. 2016-10.

F.S. 559.55 on Google Scholar

F.S. 559.55 on Casetext

Amendments to 559.55

Arrestable Offenses / Crimes under Fla. Stat. 559.55

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 559.55.

Annotations, Discussions, Cases:

Cases Citing Statute 559.55

Total Results: 20

Robert Baldwin v. Laboratory Corporation of America

Court: District Court of Appeal of Florida | Date Filed: 2024-09-27

Snippet: Florida Consumer Collection Practices Act. See §§ 559.55–559.785, Fla. Stat. (2022). We have jurisdiction

Laboratory Corporation of America v. Patty Davis, etc. & Sheridan Radiology Services of Pinellas, Inc. v. Patty Davis, etc.

Court: Supreme Court of Florida | Date Filed: 2022-05-26

Snippet: See art. V, § 3(b)(4), Fla. Const. 1. §§ 559.55-559.785, Fla. Stat. (2014). 2. Ch. 440, Fla

Edward Michael Kelly v. Julie Duggan

Court: District Court of Appeal of Florida | Date Filed: 2019-10-23

Snippet: pursuant to Chapter 718, Florida Statutes. 2 §§ 559.55 - .785, Fla. Stat., (FCCPA).

ZACARIAS CABRERA v. U.S. BANK NATIONAL ASSOC., ETC

Court: District Court of Appeal of Florida | Date Filed: 2019-10-16

Snippet: “consumer debts” within the meaning of section 559.55(6), Florida Statutes (2006). These elements are

PATTY DAVIS v. SHERIDAN HEALTHCARE, INC. AND SHERIDAN RADIOLOGY SERVICES OF PINELLAS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2019-10-16

Snippet: wherein credit has been . . . extended," § 559.55(1)). Without deciding that issue—as it is not before

Dyck-O'Neal, Inc. v. Heather Lanham

Court: District Court of Appeal of Florida | Date Filed: 2019-02-18

Citation: 264 So. 3d 1115

Snippet: the Florida Consumer Collection Practices Act. §§ 559.55-559.785, Fla. Stat. It provides that an “assignee

VERIZON WIRELESS PERSONAL COMMUNICATIONS, LP v. CHRISTOPHER BATEMAN

Court: District Court of Appeal of Florida | Date Filed: 2019-02-08

Citation: 264 So. 3d 345

Snippet: 179, 181 (Fla. 2d 6Section 559.55(6) defines "debt collector" as

Dyck O'Neal, Inc. v. Ward

Court: District Court of Appeal of Florida | Date Filed: 2017-01-27

Citation: 216 So. 3d 664, 2017 WL 382386, 2017 Fla. App. LEXIS 878

Snippet: the Florida Consumer Collection Practices Act, §§ 559.55-.785 (2013) (FCCPA), which is much like the federal

Bank of America, N.A. v. Siefker

Court: District Court of Appeal of Florida | Date Filed: 2016-10-13

Citation: 201 So. 3d 811, 2016 Fla. App. LEXIS 15179

Snippet: the Florida Consumer Collection Practices Act, §§ 559.55-559.785 (“the FCCPA”), and the Fair Debt Collection

Banner v. Law Office of David J. Stern, P.A.

Court: District Court of Appeal of Florida | Date Filed: 2016-08-24

Citation: 198 So. 3d 1133, 2016 Fla. App. LEXIS 12810, 2016 WL 4493351

Snippet: the Florida Consumer Collection Practices Act, §§ 559.55-.785, Florida Statutes (2014) (“FCCPA”). The trial

Deutsche Bank National Trust Company v. Hagstrom

Court: District Court of Appeal of Florida | Date Filed: 2016-07-20

Citation: 203 So. 3d 918, 2016 Fla. App. LEXIS 11054

Snippet: Consumer Collections Practices Act (FCCPA), §§ 559.55-.785, Fla. Stat. (2011), of which section 559.715

Aluia v. Dyck-O'Neal, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-07-15

Citation: 205 So. 3d 768, 2016 Fla. App. LEXIS 10881

Snippet: The Florida Consumer Collection Practices Act, §§ 559.55-.785, does not have a venue provision. However

Brindise v. U.S. Bank National Association

Court: District Court of Appeal of Florida | Date Filed: 2016-01-20

Citation: 183 So. 3d 1215, 2016 Fla. App. LEXIS 653, 2016 WL 229572

Snippet: enforcing a security interest, under FDCPA). Section 559.55(6)3 defines “debt” or “consumer debt” as “any obligation

Gromet v. Jensen

Court: District Court of Appeal of Florida | Date Filed: 2015-10-14

Citation: 201 So. 3d 132, 2015 Fla. App. LEXIS 15190

Snippet: the wife’s three retirement accounts totaled $163,559.55. The primary contention at the hearing was

Braham v. Branch Banking & Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 2015-07-02

Citation: 170 So. 3d 844, 87 U.C.C. Rep. Serv. 2d (West) 18, 2015 Fla. App. LEXIS 9987, 2015 WL 4002385

Snippet: Florida Consumer Collection Practices Act, sections 559.55-.785, Florida Statutes (2012). We affirm the dismissal

Dish Network Service L.L.C. v. Myers

Court: District Court of Appeal of Florida | Date Filed: 2012-04-25

Citation: 87 So. 3d 72, 2012 WL 1414936, 2012 Fla. App. LEXIS 6480

Snippet: Consumer Collection Practices Act (“FCCPA”). See §§ 559.55-.785, Fla. Stat. (2002). The judgment awards James

Read v. MFP, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2012-03-30

Citation: 85 So. 3d 1151, 2012 Fla. App. LEXIS 4950, 2012 WL 1058876

Snippet: Florida Consumer Collections Practices Act, §§ 559.55-.785, Fla. Stat. (2010) (FCCPA). Because Read has

Morgan v. Wilkins

Court: District Court of Appeal of Florida | Date Filed: 2011-11-16

Citation: 74 So. 3d 179, 2011 Fla. App. LEXIS 18125, 2011 WL 5561293

Snippet: primarily for personal . . . purposes . . .," section 559.55(1), Florida Statutes (2009), her debt constitutes

Desmond v. Accounts Receivable Management, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-08-19

Citation: 72 So. 3d 179, 2011 Fla. App. LEXIS 13050, 2011 WL 3659457

Snippet: Act regulates debt collection in Florida. See §§ 559.55-.78. Section 559.72 prohibits specifically enumerated

Cunningham v. MBNA America Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2009-04-03

Citation: 8 So. 3d 438, 2009 Fla. App. LEXIS 2736, 2009 WL 875691

Snippet: Consumer Collection Practices Act (FCCPA), sections 559.55 — .785, Florida Statutes (2001), and assorted claims