Florida Statutes 817.802 – Unlawful fees and costs
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 817.802
- Credit counseling services: means confidential money management, debt reduction, and financial educational services. See Florida Statutes 817.801
- Debt management services: means services provided to a debtor by a credit counseling organization for a fee to:(a) Effect the adjustment, compromise, or discharge of any unsecured account, note, or other indebtedness of the debtor; or(b) Receive from the debtor and disburse to a creditor any money or other thing of value. See Florida Statutes 817.801
- Person: means any individual, corporation, partnership, trust, association, or other legal entity. See Florida Statutes 817.801
(1) It is unlawful for any person, while engaging in debt management services or credit counseling services, to charge or accept from a debtor residing in this state, directly or indirectly, a fee or contribution greater than $50 for the initial setup or initial consultation. Subsequently, the person may not charge or accept a fee or contribution from a debtor residing in this state greater than $120 per year for additional consultations or, alternatively, if debt management services as defined in s. 817.801(4)(b) are provided, the person may charge up to the lesser of 15 percent of the amount paid monthly by the debtor to the person or $75 per month.(2) This section does not prohibit any person, while engaging in debt management or credit counseling services, from imposing upon and receiving from a debtor a reasonable and separate charge or fee for insufficient funds transactions.