Debt collection.
What changed between versions
The bill's entire subject matter changed from a nonsubstantive amendment to Section 14250 (credit union examinations) to amendments across 13 sections of the Financial Code governing debt collection licensing, including Sections 100000 through 100025.
New Section 100000.7 preempts local government by prohibiting any county, city, or political subdivision from requiring a debt collector to be licensed or registered as a debt collector.
The act is renamed from the 'Debt Collection Licensing Act' to the 'Debt Collector Licensing Act.'
Licensing structure changed from a license for the principal place of business (with no separate licenses for branch offices) to a single license covering the licensee's entire business, explicitly not requiring separate licenses for branch offices, facilities, affiliates, or subsidiaries.
Annual report requirements changed: removed the requirement to report total or face dollar amounts of various kinds of accounts, and added specific reporting on number of California debtor accounts purchased or collected, total dollar amount purchased, face value in portfolio, total collected and outstanding uncollected debt, and net proceeds generated.
New exemptions added: trustees performing nonjudicial foreclosure acts, persons described in Section 1692a(6)(F) of Title 15 US Code (certain creditors collecting their own debts), and persons or entities licensed under the State Bar Act. Also added exemption for collection of covered commercial debt or covered commercial credit.
Application fee increased from $350 to $1,000. Annual fee restructured from a pro rata share formula (minimum $250) to a three-tier system: $1,000, $4,000, or $7,000 based on the number of California debtor accounts in active collection, with thresholds determined annually by the commissioner.
Fiscal committee designation changed from 'no' to 'yes,' indicating the amended bill now has a fiscal impact requiring fiscal committee review.
Examinations now default to remote (via video technology and electronic submission of records) unless an onsite examination is deemed necessary for public protection. Specific triggers for onsite exams include court-adjudicated FDCPA or fair debt buying violations, out-of-state license suspension/revocation, or concerns identified during a remote exam. The commissioner may also reduce exam frequency if a qualifying third-party audit is available.
The commissioner's power to suspend a license for a Fair Debt Collection Practices Act violation is limited when the same violation has been adjudicated by a court and all damages, penalties, or fees have been paid. A licensee may dispute an ancillary relief order if the same injured person already obtained a final judgment on the merits in court for the same violation.
The Debt Collection Advisory Committee is renamed the Debt Collection Advisory Board. The commissioner must now request the board's advice before initial publication or adoption of fee schedules or proposed regulations (except during emergency rulemaking). The board is exempted from the Bagley-Keene Open Meeting Act, with legislative findings justifying the exemption.