Florida Statutes 817.803 – Exceptions
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This part does not apply to:
(1) Any debt management or credit counseling services provided in the practice of law in this state.
(2) Any person who engages in debt adjustment to adjust the indebtedness owed to such person.
(3) Any of the following entities or their subsidiaries:
(a) The Federal National Mortgage Association.
Terms Used In Florida Statutes 817.803
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- Person: means any individual, corporation, partnership, trust, association, or other legal entity. See Florida Statutes 817.801
(b) The Federal Home Loan Mortgage Corporation.(c) The Florida Housing Finance Corporation, a public corporation created in s. 420.504.(d) A bank, bank holding company, trust company, savings and loan association, credit union, credit card bank, or savings bank that is regulated and supervised by the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Reserve, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of Financial Regulation of the Department of Financial Services, or any state banking regulator.(e) A consumer reporting agency as defined in the Federal Fair Credit Reporting Act, 15 U.S.C. ss. 1681-1681y, as it existed on April 5, 2004.(f) Any subsidiary or affiliate of a bank holding company, its employees and its exclusive agents acting under written agreement.
(4)(a) Any telemarketer or seller who provides any debt relief service within the scope of the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. ss. 6101-6108, and the Telemarketing Sales Rule, 16 C.F.R. part 310, and who therefore is required to comply with such federal regulation, if such telemarketer or seller does not receive from the debtor and disburse to a creditor any money or other thing of value, in accordance with the definition of debt management services under s. 817.801(4)(b).
(b) As used in this subsection, the terms “debt relief service,” “seller,” and “telemarketer” have the same meanings as in 16 C.F.R. 310.2.