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CA SB1286

Bill

Status

Passed

9/24/2024

Primary Sponsor

Dave Min

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • Expands the Rosenthal Fair Debt Collection Practices Act to prohibit unfair or deceptive debt collection practices for covered commercial debts (in addition to consumer debts) entered into, renewed, sold, or assigned on or after July 1, 2025, with a $500,000 cap on total credit owed.

  • Defines "covered commercial debt" as money owed by a natural person (as guarantor) to a lender, commercial financing provider, or debt buyer for business purposes, and "covered commercial credit" as credit transactions for non-personal, family, or household purposes.

  • Requires debt collectors assigned delinquent covered commercial debt to provide debtors with specified information upon written request (account details, creditor information, assignment history) within 30 days, with the same requirements applying to commercial debt sold or assigned after July 1, 2025.

  • Authorizes debt collectors to file judicial proceedings for covered commercial debt in the county where the non-natural person (business entity) for whom the debt was incurred is located, rather than restricting venue to the debtor's residence or debt incurrence location.

  • Clarifies that the act does not impose additional licensing requirements on debt collectors under the Debt Collection Licensing Act with respect to covered commercial debt or credit collection.

Legislative Description

Rosenthal Fair Debt Collection Practices Act: covered debt: commercial debts.

Last Action

Chaptered by Secretary of State. Chapter 522, Statutes of 2024.

9/24/2024

Committee Referrals

Appropriations7/2/2024
Judiciary7/2/2024
Banking and Finance6/3/2024
Appropriations4/24/2024
Judiciary4/17/2024
Banking and Financial Institutions4/3/2024
Rules2/15/2024

Full Bill Text

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