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Fla. L. Rev. News

Fla. L. Rev. Forum

Anthony J. Palermo
Doctors as Debt Collectors? Healthcare Providers and the Florida Consumer Collection Practices Act
Practice Guide

Beginning in the 1960s, state legislatures across the country enacted consumer protection acts that “were originally designed to supplement the Federal Trade Commission’s (FTC) mission of protecting consumers from ‘unfair or deceptive acts or practices’ and are referred to as ‘Little-FTC Acts.’” As the area of consumer collection continues to grow in Florida, various healthcare providers are finding themselves subject to or threatened with a lawsuit for alleged violations of the FCCPA and its federal counterpart. Communications with patients—often sent in accordance with collection policies and procedures, patient agreements, form patient statements, dunning messages, and collection agency contracts—are becoming vehicles for consumer collection claims and exposing healthcare providers to liability. Healthcare providers should become familiar with Florida’s consumer collection laws and implement strategies to increase compliance with and decrease exposure under the FCCPA, FDCPA, and the TCPA. Read More.





Fla. L. Rev. Forum

Daniel B. Kelly
Trust Term Extension: An Economic Analysis
Response to Reid Kress Weisbord, Trust Term Extension

To compete for trust assets following a change in the federal tax code, many states repealed or abrogated the Rule Against Perpetuities (RAP). By repealing the RAP, these states allow a settlor to create a trust that lasts forever: a “dynasty trust” or “perpetual trust.” The motivation for creating such trusts varies. Some settlors may have dynastic desires. More often, settlors use perpetual trusts to minimize taxes. Regardless, settlors have embraced perpetual trusts, with an estimated $100 billion in trust assets moving into the seventeen states that abolished the RAP as of 2003. In his thoughtful article, Trust Term Extension, Reid Kress Weisbord asks a related question that may arise as a result of these recent developments: “[C]ould the duration of a trust settled in a jurisdiction governed by the Rule Against Perpetuities be extended indefinitely after the jurisdiction’s repeal of the Rule Against Perpetuities?” Read More.



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