(at the request of House Interim Committee on Consumer Protection and Government Efficiency)
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Bill Title:
Relating to debt collection practices; declaring an emergency.
Catchline/Summary:
Requires person that engages in business as debt buyer in this state to obtain registration from Department of Consumer and Business Services.Requires person that engages in business as debt buyer in this state to obtain registration from Department of Consumer and Business Services. Specifies requirements for application for registration. Provides that Director of Department of Consumer and Business Services may by rule require debt buyer, in addition to obtaining registration, to obtain certification from national nonprofit trade association that director identifies as maintaining industry-recognized standards for managing purchased debt. Specifies conditions under which director may accept national nonprofit trade association's standards.Establishes requirements under which debt buyer may bring legal action to collect debt.] Specifies notice that debt buyer must give to debtor. Prohibits debt buyer from taking certain actions in collecting or attempting to collect debt. Makes violation unlawful collection practice and subject to Unlawful Trade Practices Act. Provides that defendant in action for unlawful debt collection practice is not liable if defendant shows by preponderance of evidence that defendant did not intend violation, violation was not material and defendant's actions resulted from bona fide scrivener's error.
Increases amount of damages that may be awarded in action for unlawful collection practice. Permits court to award attorney fees and costs to prevailing plaintiff. Permits award to prevailing defendant only if court finds that plaintiff did not have objectively reasonable basis for bringing action.]
Increases time period during which debtor may bring action for unlawful collection practice.]
Adds prohibitions of certain actions that debt collector may not take while collecting or attempting to collect debt.
Becomes operative January 1, 2016.
Declares emergency, effective on passage.
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HB 2252 Joint Committee On Ways and Means Subcommittee On Transportation and Economic Development
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