BILL NUMBER: SB 1022	CHAPTERED  09/02/03

	CHAPTER  259
	FILED WITH SECRETARY OF STATE  SEPTEMBER 2, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 1, 2003
	PASSED THE SENATE  AUGUST 19, 2003
	PASSED THE ASSEMBLY  JULY 24, 2003
	AMENDED IN ASSEMBLY  JULY 17, 2003
	AMENDED IN ASSEMBLY  JULY 3, 2003
	AMENDED IN SENATE  MAY 23, 2003
	AMENDED IN SENATE  MAY 8, 2003
	AMENDED IN SENATE  MAY 1, 2003

INTRODUCED BY   Senator Perata

                        FEBRUARY 21, 2003

   An act to add Title 2.97 (commencing with Section 1812.700) to
Part 4 of Division 3 of the Civil Code, relating to debt collection.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1022, Perata.  Debt collectors.
   Existing law prohibits certain actions by debt collectors in
connection with the collection of consumer debts.
   This bill would, beginning July 1, 2004, require 3rd-party debt
collectors to provide notice to debtors, with the first written
notice sent to a California address of the debtor in connection with
the collection of a debt, that sets forth the debtor's rights, as
specified, under the federal Fair Debt Collection Practices Act.  A
debt collector who fails to provide that notice would be liable for
actual damages and a civil penalty under specified provisions of
existing law.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Title 2.97 (commencing with Section 1812.700) is added
to Part 4 of Division 3 of the Civil Code, to read:

      TITLE 2.97.  CONSUMER COLLECTION NOTICE

   1812.700.  (a) In addition to the requirements imposed by Article
2 (commencing with Section 1788.10) of Title 1.6C, third-party debt
collectors subject to the federal Fair Debt Collection Practices Act
(15 U.S.C. Sec. 1692 et seq.) shall provide a notice to debtors that
shall include the following description of debtor rights:
"The state Rosenthal Fair Debt Collection Practices Act and the
federal Fair Debt Collection Practices Act require that, except under
unusual circumstances, collectors may not contact you before 8 a.m.
or after 9 p.m. They may not harass you by using threats of violence
or arrest or by using obscene language.  Collectors may not use false
or misleading statements or call you at work if they know or have
reason to know that you may not receive personal calls at work.  For
the most part, collectors may not tell another person, other than
your attorney or spouse, about your debt.  Collectors may contact
another person to confirm your location or enforce a judgment.  For
more information about debt collection activities, you may contact
the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov."

   (b) The notice shall be included with the first written notice
initially addressed to a California address of a debtor in connection
with collecting the debt by the third-party debt collector.
   (c) If a language other than English is principally used by the
third-party debt collector in the initial oral contact with the
debtor, a notice shall be provided to the debtor in that language
within five working days.
   1812.701.  (a) The notice required in this title may be changed
only as necessary to reflect changes under the federal Fair Debt
Collection Practices Act (15 U.S.C. Sec. 1692 et seq.) that would
otherwise make the disclosure inaccurate.
   (b) The type-size used in the disclosure shall be in at least the
same type-size as that used to inform the debtor of his or her
specific debt, but is not required to be larger than 12-point type.
   1812.702.  Any violation of this act shall be considered a
violation of the Rosenthal Fair Debt Collection Practices Act (Title
1.6C (commencing with Section 1788)).
  SEC. 2.  The provisions of this act shall become operative on July
1, 2004.