The purpose of the amended rule is to amend an obsolete rulemaking authority reference in the current rule, and to update a form title, form number, and date reference in the current rule. The effect of the amended rule is to amend an obsolete ...

 

DEPARTMENT OF FINANCIAL SERVICES

Finance

RULE NO.:                            RULE TITLE:

69V-180.040                            Consumer Collection Agency Complaint Form and Procedures

PURPOSE AND EFFECT: The purpose of the amended rule is to amend an obsolete rulemaking authority reference in the current rule, and to update a form title, form number, and date reference in the current rule. The effect of the amended rule is to amend an obsolete rulemaking authority reference in the current rule, and to update a form title, form number, and date reference in the current rule.

SUMMARY: The rule amends current Form OFR-CCA-103 by changing its form number to OFR-559-102; the form is entitled "Florida Consumer Practices Act Complaint Form.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) No requirement for a SERC was triggered under Section 120.541(1) F.S.; and 2) The amendments will not exceed any one of the economic analysis criteria in a SERC, as set forth in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 559.554 FS.

LAW IMPLEMENTED: 559.72, 559.725 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: C. Michael Marschall, Division of Consumer Finance,[phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69V-180.040 Consumer Collection Agency Complaint Form and Procedures.

Each consumer desiring to file a complaint against a consumer collection agency shall submit to the Office of Financial Regulation a completed complaint form, Florida Consumer Practices Act Complaint form, Form OFR-559-102 OFR-CCA-103, effective MM-DD-YY 10-25-11, available at https://www.flrules.org/gateway/reference.asp?NO=Ref-00640, which is hereby incorporated by reference. Such form shall be filed with the Office of Financial Regulation, 200 East Gaines Street, Tallahassee, Florida 32399-0376.

Rulemaking Authority 17.29, 559.554, FS. Law Implemented 559.72, 559.725, FS. History–New 2-15-94, Formerly 3D-180.040, Amended 10-25-11, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gregory C. Oaks, Director, Division of Consumer Finance

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Financial Services Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 13, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 17, 2014