Bob Wieckowski
- Democratic
Author
(1) Existing law, the Rosenthal Fair Debt Collection Practices Act, prohibits debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer debts and defines "consumer debt" and "consumer credit" for purposes of that act. This bill would include placing a telephone call without disclosing the caller's identity, as specified, and sending digital or written communications that do not display the license number of the debt collector in at least 12-point type as prohibited debt collection practices. Existing law establishes the Department of Business Oversight headed by the Commissioner of Business Oversight, who, among other things, generally provides for licensure and regulation of persons who are engaged in various consumer financial businesses. This bill would enact the Debt Collection Licensing Act which would, beginning on January 1, 2022, provide for licensure, regulation, and oversight of debt collectors by the commissioner, define terms for its purposes, and make other conforming changes. The bill would prohibit a person from engaging in the business of debt collecting in this state without a license and would also require the person to comply with reporting, examination, and other oversight by the commissioner. The bill would require a person applying for a license to, among other things, pay an application fee, sign the application under penalty of perjury, and submit to a criminal background check by the Department of Justice. By expanding the scope of the crime of perjury this bill would impose a state-mandated local program. This bill would require each licensee to, among other things, file reports with the commissioner under oath, maintain a surety bond, and pay to the commissioner its pro rata share of all costs and expenses reasonably incurred in the administration of these provisions, as estimated by the commissioner. The bill would authorize the commissioner to enforce these provisions by, among other things, adopting regulations, performing investigations, suspending a license, issuing orders and claims for relief, and enforcing the provisions, as specified. This bill would authorize the commissioner to use the authority to issue orders and claims for relief in connection with a violation of the Rosenthal Fair Debt Collection Practices Act or provisions regulating debt buyers, by insured depository institutions and persons who are licensed and regulated pursuant to various provisions of law, including the California Financing Law, the California Residential Mortgage Lending Act, and the Real Estate Law, as specified. The bill would, commencing January 1, 2021, require the commissioner to take all action necessary in order to be prepared to perform these duties commencing January 1, 2022, including, but not limited to, the adoption of necessary regulations. The bill would prohibit the public disclosure of specific information provided by a licensee to the commissioner. The bill would establish the Debt Collection Advisory Committee, consisting of 7 members appointed by the commissioner, within the Department of Business Oversight to advise the commissioner on matters relating to debt collection, as specified. (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 163, Statutes of 2020.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 31. Noes 4.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 53. Noes 19. Page 5411.) Ordered to the Senate.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 13. Noes 5.) (August 20).
August 18 set for first hearing. Placed on suspense file.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (August 12).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.
July 27 hearing postponed by committee.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 29. Noes 4. Page 3863.) Ordered to the Assembly.
Read second time. Ordered to third reading.
June 18 hearing: Reconsideration granted.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 1. Page 3767.) (June 18).
From committee: Do pass as amended. (Ayes 6. Noes 1. Page 3766.) (June 18).
Set for hearing June 18.
June 9 hearing: Placed on APPR. suspense file.
Set for hearing June 9.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3559.) (May 19).
Referral to Com. on JUD. rescinded due to the shortened 2020 Legislative Calendar.
Set for hearing May 19.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.I.
April 1 hearing postponed by committee.
Set for hearing April 1.
From printer. May be acted upon on or after March 5.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB908 | HTML |
| 02/03/20 - Introduced | |
| 04/15/20 - Amended Senate | |
| 05/26/20 - Amended Senate | |
| 06/18/20 - Amended Senate | |
| 08/10/20 - Amended Assembly | |
| 08/13/20 - Amended Assembly | |
| 08/24/20 - Amended Assembly | |
| 09/04/20 - Enrolled | |
| 09/25/20 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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