summary
Introduced
In Committee
Crossed Over
Passed
Dead
Signed/Enacted/Adopted
07/11/2013
07/11/2013
Introduced Session
2013-2014 Regular Session
Bill Summary
An act to add Title 1.6C.5 (commencing with Section 1788.50) to Part 4 of Division 3 of the Civil Code, and to amend Sections 700.010, 706.103, 706.104, 706.108, and 706.122 of, and to add Section 581.5 to, the Code of Civil Procedure, relating to debt buyers.
AI Summary
This bill, known as the Fair Debt Buying Practices Act, establishes new standards for debt buyers, which are entities that regularly purchase charged-off consumer debt for collection purposes. It requires debt buyers to possess specific documentation before attempting to collect a debt, including proof of ownership, the original debt balance with an explanation of any post-charge-off fees, the date of default or last payment, details about the original creditor, and the names and addresses of all subsequent debt purchasers. Debt buyers must also have access to a contract or document evidencing the debtor's agreement to the debt and provide this information to consumers within 15 days of a written request. The bill also mandates that settlement agreements be in writing and that receipts or statements be provided for payments, and prohibits debt buyers from suing on debts for which the statute of limitations has expired. Furthermore, it outlines specific allegations that must be included in a complaint filed by a debt buyer and requires authenticated business records to support default judgments. The bill also introduces penalties for violations, including actual and statutory damages, and allows for dismissal of actions if a debt buyer fails to appear for trial. Finally, it amends existing laws related to wage garnishments and other civil procedures to align with these new debt buying regulations.
Committee Categories
Budget and Finance, Business and Industry, Justice
Sponsors (4)
Last Action
Chaptered by Secretary of State. Chapter 64, Statutes of 2013. (on 07/11/2013)
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