Fla. Admin. Code Ann. R. 69V-180.080 - Consumer Collection Agency Records

A registrant shall, at a minimum, maintain all records specified in this rule. Records shall be kept current to within one week of the current date. Computerized records that contain the equivalent of the information required to be maintained by this rule are acceptable. The following records shall be maintained:

(1) A copy of the contract or agreement that the registrant will use with its creditors.

(2) Records relating to the referrals made by a creditor to the registrant, identifying the name of the debtors, and the amount of the debt owed by each.

(3) The debtor's account of activity disclosing the following:

(a) The name and address of the debtor;

(b) The date that the account was referred or acquired and the account number;

(c) The actual amount of the claim submitted by the creditor;

(d) The name and address of the creditor or a means of identifying this information by code or account number; and,

(e) A record of payments made by the debtor, including the date received and the amount and balance owing;

(f) A record of outbound contacts or attempted contacts by the registrant with the debtor including:

1. The full name of the debtor;

2. The date and time the contact was placed or received;

3. The phone number dialed if placing an outgoing phone call;

4. The disposition of the phone call;

5. The name of the person (or alias name of the person) making or attempting to make contact.

(4) A record of receiving cash payments made to the registrant from a debtor. The records shall include:

(a) Name of the registrant;

(b) Name of debtor;

(c) Date and amount of payment received; and,

(d) The balance within the records after payment.

(5) Documentation recording the dates and amounts of remittances by the registrant to the creditor.

(6) All form letters and stationery used by a registrant shall be maintained in a file and made available at all times for review by the Office of Financial Regulation.

(7) The name of the financial institution or institutions where the registrant's accounts will be maintained, and the identifying numbers assigned by the financial institutions to the accounts.

(8) All written agreements executed between the registrant and the debtor after the account has been received from the creditor.

(9) Basic information about the debt including, at the minimum:

(a) Documentation of the debt provided by the creditor;

(b) The date the debt was incurred and the date of the last payment;

(c) The identity of the original creditor as known to the debtors;

(d) The amount of the debt at the time of charge-off or at the time of receipt of the debt by the registrant for purposes of collection and an itemization of all interest, fees, or charges added to it by the registrant;

(e) If the debt collector is a debt buyer or is an assignee holding title to the debt, the debt buyer's or assignee's bill of sale or other written document executed by the debt buyer or assignee that contains when and from whom the debt was acquired.

(10) A copy of all letters, emails, and correspondence, written or electronically sent to a debtor.

(11) All phone numbers used by a registrant shall be disclosed and maintained in a file and made available at all times for review by the Office of Financial Regulation.

Notes

Fla. Admin. Code Ann. R. 69V-180.080

Rulemaking Authority 559.5556 FS. Law Implemented 559.5556 FS.

New 10-25-11.

New 10-25-11.