Bob Wieckowski
- Democratic
Author
Existing law, the Rosenthal Fair Debt Collection Practices Act, regulates the collection of a consumer debt, as defined, by a debt collector. Existing law defines "debt collector" to mean a person who, in the ordinary course of business engages in debt collection, including any person who composes and sells, or offers to compose and sell, forms, letters, and other collection media used or intended to be used for debt collection. Existing law, the Debt Collection Licensing Act, prohibits, beginning January 1, 2022, a person from engaging in the business of debt collection in this state without first obtaining a license from the Commissioner of Financial Protection and Innovation. Existing law prohibits a debt buyer from making a written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer possesses specified information, including the date of default or the date of the last payment, and requires the debt buyer to include specified information in the written statement to the debtor. Existing law defines "debt buyer" to mean a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney-at-law for collection litigation. This bill would require a debt collector to which delinquent debt, as defined and specified, has been assigned to provide to the debtor, upon the debtor's request, a written statement that includes certain information, including the date the debt became delinquent or the date of the last payment, within 30 calendar days of receipt of a debtor's written request for information regarding the debt or proof of the debt, as specified. The bill would require a debt collector to which delinquent debt has been assigned to include in its first written communication with the debtor a specified notice, and would require a debt collector to provide a debtor an active postal address to which a debtor may send a request for the information. The bill would provide that a debt buyer who complies with the written statement requirements under the Debt Collection Licensing Act is deemed to comply with this new requirement on a debt collector, to which a delinquent debt has been assigned, to provide a written statement to the debtor upon the debtor's request. The bill would prohibit a debt collector to which a delinquent debt has been assigned from making a written statement to a debtor in an attempt to collect a delinquent consumer debt, except if the debt collector has access to specified information, as provided. The bill would provide that these provisions become operative on July 1, 2022.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 455, Statutes of 2021.
Enrolled and presented to the Governor at 1 p.m.
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2280.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 68. Noes 1. Page 2570.) Ordered to the Senate.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 15. Noes 1.) (August 19).
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 1.) (July 6).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 29). Re-referred to Com. on JUD.
Joint Rule 62(a) suspended. (Ayes 56. Noes 19. Page 2124.)
June 28 hearing postponed by committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.
June 14 hearing postponed by committee.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 29. Noes 9. Page 1087.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing May 10.
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 1. Page 936.) (April 27).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing April 27.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 2. Page 702.) (April 7).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.I.
Set for hearing April 7.
(Ayes 32. Noes 4.)
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
Art. IV. Sec. 8(a) of the Constitution dispensed with.
From printer. May be acted upon on or after March 20.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB531 | HTML |
| 02/17/21 - Introduced | |
| 03/24/21 - Amended Senate | |
| 04/08/21 - Amended Senate | |
| 04/19/21 - Amended Senate | |
| 04/29/21 - Amended Senate | |
| 06/21/21 - Amended Assembly | |
| 06/29/21 - Amended Assembly | |
| 07/08/21 - Amended Assembly | |
| 09/03/21 - Enrolled | |
| 10/04/21 - Chaptered |
| Document | Format |
|---|---|
| 04/05/21- Senate Banking and Financial Institutions | |
| 04/23/21- Senate Judiciary | |
| 05/12/21- Sen. Floor Analyses | |
| 06/27/21- Assembly Banking and Finance | |
| 06/28/21- Assembly Banking and Finance | |
| 07/02/21- Assembly Judiciary | |
| 08/16/21- Assembly Appropriations | |
| 08/25/21- ASSEMBLY FLOOR ANALYSIS | |
| 08/31/21- Sen. Floor Analyses |
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