Debt collection.
Summary
Existing law requires a debt collector that receives a copy of a police report filed by the debtor alleging that the debtor is the victim of an identity theft crime and a written statement in which the debtor claims to be the victim of identity theft to cease collection activities until completion of a review. Existing law requires the debt collector to review and consider all of the information provided by the debtor and other available information and authorizes the debt collector to recommence debt collection activities only upon making a good faith determination that the information does not establish that the debtor is not responsible for the specific debt in question. This bill, the Identity Theft Resolution Act, would require the debt collector, upon receipt of the police report and written statement described above, if it furnished adverse information about the debtor to a consumer credit reporting agency, to notify the consumer credit reporting agency that the account is disputed, and initiate a review, as specified, within 10 business days. The bill would require the debt collector to send notice of its determination to the debtor no later than 10 business days after concluding the review. The bill would require a debt collector that does not recommence collection activities under these provisions to notify the creditor, no later than 10 business days after making its determination, and if it furnished adverse information to a consumer credit reporting agency, to notify the agency to delete that information no later than 10 business days after making its determination. The bill would also prohibit a creditor from selling a consumer debt to a debt collector if the creditor has received notice that the debt collector has terminated debt collection activities, as described above.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2016
Committee Review
Aug 2016
Assembly Passage
Apr 2016
Senate Passage
Aug 2016
Signed into Law
Sep 2016
Introduced Jan 28, 2016
Signed Sep 16, 2016
Floor votes · Senate Aug 15, 2016 · Assembly Apr 28, 2016
How they voted
34–0
Passed
Total votes 34
Aug 15, 2016
D
Democratic24
100% Yea
R
Republican10
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
27
Key actions
8
Committee
9
Amendments
3
Sep 16, 2016
Signed into law
Approved by the Governor.
legislature
Aug 22, 2016
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6029.).
lower
Aug 16, 2016
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77.
lower
Aug 15, 2016
Senate · Passed
Senate Vote: pass (34-0)
senate
Aug 2, 2016
Upper · Passed
Read second time and amended. Ordered to consent calendar.
upper
Aug 1, 2016
Introduced
From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 7. Noes 0.) (June 28).
upper
Jun 9, 2016
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
May 31, 2016
Committee
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
May 5, 2016
Committee
Referred to Com. on JUD.
upper
Apr 28, 2016
Assembly · Passed
Assembly Vote: pass (72-0-3)
assembly
Apr 26, 2016
Lower · Passed
From committee: Do pass. (Ayes 10. Noes 0.) (April 26).
lower
Apr 5, 2016
Committee
From committee: Do pass and re-refer to Com. on JUD. (Ayes 12. Noes 0.) (April 4). Re-referred to Com. on JUD.
lower
Mar 29, 2016
Committee
Re-referred to Com. on B. & F.
lower
Feb 25, 2016
Committee
Referred to Coms. on B. & F. and JUD.
lower
Jan 29, 2016
Lower · Passed
From printer. May be heard in committee February 28.
lower
1 primary · 7 co-sponsors
Sponsors
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