New Legislation Impacting You
NEWS ARTICLES THAT MAY AFFECT YOU!
Action Alert-Assignment of Consumer Debts FSA 559.715
Pursuant to Florida Statute 559.715 a party who purchases a consumer debt and is assigned the debt must notify the consumer (debtor) within 30 days of the purchase that the debt has been assigned. The inference being that this may be a condition precedent before bringing a suit in a Florida Court to enforce the debt. We were just advised this past week by the Administrative Judge of a major County in Florida that any action filed in his division will be dismissed where evidence of the notice to the debtor is not filed in the proceeding. He has effectuated this policy without notice or a hearing when we submitted our request for a default final judgment (clearly anathema to the rules). He has expressed during other hearings that there are number of issues facing the purchasers of bad debt and he has stated that he intends to raises these issues at a future judicial conference.
Brought to you by:
Stanley B. Erskine, Esquire & Andrew D. Fleisher
The Law Offices of Erskine & Fleisher
55 Weston Road, Suite 300
Fort Lauderdale, Florida 33326
Telephone 954-384-1490 Ext 252
Telecopier 954-384-4088
Stanley_Erskine@EfLaw.netACTION ALERT-Fla STATUTE FREEZING IDENTITY THEFT FSA 501.005
A new Statute in Florida was just enacted and is effective July 1st, 2006. Now a consumer for a fee can direct all the credit bureaus to freeze access to their credit bureau report when they believe they have been the subject of identity theft. Then the report can only be accessible when the consumer provides a password to the party seeking access to the report. The full details of the report are below for your review. The actual statute has not been reported as of yet to all the publication services, the reprint below is directly from the Florida Legislature's final version. Needless to say this new consumer right could pose some issues in the collection arena for our industry. (See attached file: 501.005.pdf)
These guys Erskine and Fleisher posted this info to their buddy JDBs, They are well known for filing Capital One lawsuits, among others.
I wonder why they are concerned with the the "Freezing" statute?
10/01/2017 myFico EQ-778 TU-793 EX-781
11/01/2017 myFico EX-799, Barclays 11-4 Reported: EQ-796 TU-826 EX-799
