New Debt Collection Legislation
In May of this year, Governor Ron DeSantis signed into law Senate Bill 232, which made some changes to the Florida Consumer Collections Practices Act (FCCPA). These changes cut off claims for relief for consumers and consumer protection law firms with respect to email communications. Due to the rising number of lawsuits that allege debt collectors have violated the “quiet hours,” outlined in the statute, specifically via emails sent after 9:00 p.m. or before 8:00 a.m. in the consumer’s local time zone, the amendment to the FCCPA clarifies that prohibited contact between the hours of 9:00 p.m. and 8:00 a.m. in debt collection does not include email communication. The revised section of the FCCPA (Fla. Stat. § 559.72(17)) now states that a creditor is prohibited to “communicate with the debtor between the hours of 9:00 p.m. and 8:00 a.m. in the debtor’s time zone without the prior consent of the debtor. This subsection does not apply to an email communication that is sent to an email address and that otherwise complies with this section” (emphasis added).
In commentary surrounding the bill, the Florida Legislature “acknowledges that Florida Statute § 559.72 was adopted before email communication became commonly used, and that the only specific communication explicitly contemplated in such subsection is telephone calls.” Senate Bill 232 sought to “update and clarify prohibited practices in collecting debt to address email communication by excluding such communication from prohibited contact between the hours of 9:00 p.m. and 8:00 a.m. because such contact is less invasive and less disruptive than telephone calls.”
The revised FCCPA is a welcome clarification for creditors defending against FCCPA lawsuits throughout the state of Florida in which it had been alleged that a violation based upon an email was made. However, it should be noted that law stated that it went into effect immediately but failed to address whether it was retroactive. So, the retroactive application of this amendment remains to be seen.
It should be noted, unlike the FDCPA, which excludes original creditors, the FCCPA provides broader protections by covering original creditors as well. The FCCPA provides for both regulatory enforcement and private causes of action by consumers harmed by violations. Penalties include actual damages, statutory damages up to $1,000 per action, punitive damages, injunctions, court costs, and attorney’s fees. Therefore, it is essential that the Credit Union stay abreast of the ever-changing landscape to ensure compliance and avoid costly litigation. I would encourage that every Credit Union review the Florida Consumer Collections Practices Act at least once a year. If you have questions, or if we can be of help, please reach out to a lawyer at our firm.
Florida Supreme Court Weighs in on Garnishment of Spousal Deposit Accounts
In a recent decision from the Florida Supreme Court, the high court addressed the protections of spousal accounts from garnishment. A garnishment, whether it be a continuing wage garnishment or a bank garnishment, is a common tool used by creditors for collecting on a judgment.
In Florida, certain protections can be afforded to real and personal property owned by a married couple. Property can be titled in one of three ways: tenants in common, joint tenants with rights of survivorship, or tenants by the entirety. Tenants by entirety only applies to a married couple. To qualify, it must meet the six unities, which are possession, interest, title, time, survivorship, and marriage.
In Beal Bank, SSB v. Almand & Associates, 780 So. 2d 45 (Fla. 2001), a seminal Florida Supreme Court decision, the high court held that a deposit account that meets the six unities and is held as tenants by the entirety can be protected from garnishment by a judgment creditor. The question arises about an account that does not meet the unity of time and title. It may not be uncommon for an individual to open a deposit account, later marry, and then add their new spouse to the account. In this scenario, a judgment creditor may argue that the unity of time and title are not met; thus, the account is subject to garnishment. This issue was very recently addressed and clarified by the Florida Supreme Court in Loumpos v. Bank One, Case No. SC2024-1256 (Fla. 2025).
In Loumpos, a judgment creditor obtained a judgment against an individual. Subsequent to the entry of the judgment, she married and was added to her husband’s already existing deposit account. As part of the process, they signed new signature cards that stated they owned the account as husband and wife. The judgment creditor then sought to garnish the account and argued that the debtor’s name was not on the account originally, so the unity of time and title were not met. In its analysis of the issue, the Supreme Court looked at both Beal Bank and Section 655.79 (1), Florida Statutes. This statute was amended in 2008, subsequent to the Court’s ruling in Beal Bank. Under Section 655.79 (1), Florida Statutes, for an account owned by two or more persons, there is a presumption that upon the death of any one person, all rights, title, interest, and claim in, to, and in respect of such deposit account, less all proper setoffs and charges in favor of the institution, vest in the surviving person or persons. In 2008, the following sentence was added: “Any deposit or account made in the name of two persons who are husband and wife shall be considered a tenancy by the entirety unless otherwise specified in writing.” The Court, when reading this sentence, found that a deposit account originally owned by an individual and then converted to a spousal account, can be held as tenants by the entirety, regardless of the unity of time and title.
It’s important to understand these spousal protections when contemplating a garnishment or other means of enforcing a judgment, as well as the protections afforded to your members. If you have questions about the ability to garnish a deposit account or protections for spousal accounts, please do not hesitate to contact one of the lawyers at SVL for legal advice.
Staff Spotlight on Gisselle Perez
Gisselle joined our team as an Associate Attorney on October 27, 2025. She is originally from Long Island, New York, but was raised in Central Florida. Gisselle earned her Bachelor of Science degree in Political Science and Economics from Florida State University in 2019. She then earned her Juris Doctor degree, cum laude, from Barry University School of Law in 2022.
Gisselle’s parents were born and raised in El Salvador before having to flee the Salvadoran civil war in the 1980s. Their origin story of coming to America is one of Gisselle’s biggest reasons of why she became a lawyer. In light of her family’s sacrifices, it is a privilege to pursue education, and she does not take her schooling and her degrees for granted. She always puts her best effort into anything she is working on and continuously looks for ways to grow both personally and professionally – we love this about her!
Gisselle is married to her husband Amado, who she says is her biggest supporter. Amado is an emergency department nurse and is currently studying at Seminole State College to complete his nursing (BSN) degree. Gisselle and Amado met when they were eighteen years old and will be celebrating their one-year wedding anniversary at the end of December!
In her spare time, away from work, she loves spending time with her husband and their Australian cattle dog, Moose. Gisselle loves a hot cup of chai and a cozy romance or fantasy book too! She also loves being active outdoors. You can often find her roller skating or doing pilates.
Gisselle, we are excited for you to be apart of our team. Welcome!
Staff Spotlight on Amelia Ziadie Hajer
Amelia joined our team as an Associate Attorney on October 27, 2025. She was born and raised in Kingston, Jamaica, and has also lived in Canada and the Cayman Islands. Amelia completed her first degree in Economics and Business at Agnes Scott College in Decatur, Georgia. She says this degree was especially useful in her legal practice, particularly in understanding financial matters, analyzing transactions, and approaching cases with a practical, business-minded perspective. Amelia also holds a law degree from the University of Liverpool and a Caribbean Legal Education Certificate. She practiced law in Jamaica for several years before moving back to Georgia after getting married. During this time, she returned to school and completed an LLM at Georgia State University and sitting for the Georgia Bar. She is valuable to Sorenson Van Leuven, as she is licensed in Georgia along with Jim and Tyler.
Amelia is married to her husband, Arcan. They have been married almost 10 years. They have two sons, ages 8 and 6. In her spare time, Amelia enjoys spending time with her dog, Pepper, a long hair chihuahua. She also enjoys going to the gym. Additionally, she loves to spend time in the kitchen cooking, exploring new foods and trying out recipes. Her and her husband get their culinary inspiration from cooking shows, travel videos on YouTube, as well as make each other’s family recipes that comprise of mostly Jamaican, Chinese, Lebanese, Kurdish, and other Middle Eastern dishes.
Amelia likes working with Credit Unions because they are so member-focused. She feels it is rewarding to support institutions that serve their communities. Amelia says with experience living and studying in Jamaica, the United States, Canada, and the Cayman Islands, she brings a multicultural perspective to her work and values clear, practical communication with our Credit Union clients and their members.
We are so happy to have you on our team, Amelia!
Halloween at the Office
The staff of Sorenson Van Leuven enjoyed Halloween at the office on Friday, October 31, 2025. We had our annual costume contest, which included our Tallahassee and Mexico team. Congrats to our Winners: First Place: Sarah, as a pinata. Second Place: Ale, as a pirate. And Third Place: Noel, as an inflatable cow. We love making SVL a fun working environment.
