Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.906 - Consumer Credit Counseling Services

Current through Reg. 50, No. 138; July 16, 2024
(1) The Office shall publish a list of
				consumer credit counseling agencies by October 1st of each calendar year via
				the Office's website (
www.flofr.gov
). The
				Office will accept requests from consumer credit counseling agencies to be
				included on the list on an ongoing basis and may periodically republish the
				list at its discretion. If the Office makes a decision to publish the list more
				often, a notice of such change will be posted on the Office's website. The
				provider will then be responsible for making and distributing such additional
				copies of the list to all branch locations engaging in deferred presentment
				transactions.
(2) Every deferred
				presentment provider shall maintain a copy of the Office's list of approved
				consumer credit counseling agencies and shall provide a copy of the list, free
				of charge, to any drawer who requests the grace period in accordance with the
				provisions of Section
				560.404(22),
				F.S.
(3) The list shall consist of
				nonprofit agencies that provide consumer credit counseling services to Florida
				residents in person, by telephone, or through the internet and may be used by
				drawers to satisfy the requirements for obtaining a sixty (60) day grace
				period.
(4) In order to verify that
				a drawer has made an appointment with a consumer credit counseling agency, the
				provider may require the drawer to provide it with the name and telephone
				number of the agency with which the drawer has made the appointment.
(5)
(a) If
				the drawer completes consumer credit counseling within sixty (60) days and
				chooses to enter into a contractual repayment plan, the drawer shall have until
				the end of the repayment plan to pay the deferred presentment provider the
				total amount owed in accordance with the terms of the repayment plan.
(b) A repayment plan should be based upon
				each drawer's individual financial needs as assessed by the consumer credit
				counseling agency. The counseling agency shall exercise its discretion in
				arriving at the terms of a repayment plan and is not required to negotiate or
				obtain the approval of the deferred presentment provider regarding the terms of
				such repayment plan. A consumer credit counseling agency shall not reduce the
				amount owing on a deferred presentment agreement without the consent of the
				deferred presentment provider.
(c)
				Payments on such repayment plans may be made directly to the deferred
				presentment provider or to the consumer credit counseling agency depending upon
				the normal business practice of the counseling agency. Any payment in full by a
				drawer to a consumer credit counseling agency, made in accordance with the
				terms of the repayment agreement, shall be considered paid to the deferred
				presentment provider as of that date. The consumer credit counseling agency
				shall forward all such payments to the deferred presentment provider within
				thirty (30) days. Under no circumstances shall a consumer credit counseling
				agency hold or aggregate any such payments unless they have obtained the
				consent of the deferred presentment provider.