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Bill > S1867


NJ S1867

NJ S1867
Requires debt collectors, in certain circumstances, to cease debt collections against certain victims of identity theft.


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

2012-2013 Regular Session

Bill Summary

Requires debt collectors, in certain circumstances, to cease debt collections against certain victims of identity theft.

AI Summary

This bill requires debt collectors to stop collecting a debt if a consumer, within 30 days of the initial contact, provides a written statement claiming to be a victim of identity theft or misidentification regarding that specific debt, and this statement must either be a standardized affidavit of identity theft or a detailed certification including specific facts supporting the claim, explanations of why the consumer didn't incur the debt, and contact information. Upon receiving such a statement, the debt collector must review the information and determine if the consumer is responsible for the debt; if the debt collector recommences collection without this review or a proper written determination, it constitutes a violation of the act, which can result in injunctions and civil penalties of $500 to $1,000 per violation, though provisions exist for curing violations, defense against unintentional errors, and a one-year statute of limitations for enforcement actions.

Committee Categories

Business and Industry

Sponsors (4)

Last Action

Introduced in the Senate, Referred to Senate Commerce Committee (on 05/03/2012)

bill text


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