AB 2440 California Assembly · 2017-2018 Regular Session

Fair debt collection practices: debt collector responsibilities.

Summary
The Rosenthal Fair Debt Collection Practices Act prohibits debt collectors from engaging in certain unlawful acts or practices, including using, or threatening the use of, physical force or violence, using obscene or profane language, and making false representations. The act also requires a debt collector to cease collection activities, until completion of a specified review, when an alleged debtor provides certain information to show that the debtor is a victim of an identity theft crime. This bill would require a debt collector who is also the original creditor, upon determination that an alleged debt is not due and owning from a person, for any reason other than identity theft, to terminate debt collection activities based on this determination. The bill would also require a debt collector, upon request from a person under these circumstances, to provide a written notification to that person confirming that the debt is not due and owing within 30 calendar days after making its determination. The bill would additionally require a debt collector that has purchased the alleged debt or contracted with the original creditor to collect the alleged debt, within 10 days of being notified that the debt is not due and owing, to terminate collection. The bill would further require the debt collector, in cases in which adverse information about the person was furnished to a consumer credit reporting agency, within 10 business days after its determination, to notify the agency to correct and update that information.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2018
Committee Review
Floor Vote
Governor
Introduced Feb 14, 2018 Last action Apr 2, 2018
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
5
Key actions
1
Committee
3
Amendments
1
Apr 2, 2018
Committee
Re-referred to Com. on B. & F.
lower
Mar 22, 2018
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & F. Read second time and amended.
lower
Mar 22, 2018
Committee
Referred to Coms. on B. & F. and JUD.
lower
Feb 15, 2018
Lower · Passed
From printer. May be heard in committee March 17.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Dante Acosta
Dante Acosta
RRepublican
CA
38