California 2017-2018 Regular Session Status: Passed Assembly

AB 2825 — Debt collection: practices.

Last action — In committee: Held under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Rosenthal Fair Debt Collection Practices Act, is intended to prohibit debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer debts and to require debtors to act fairly in entering into and honoring those debts. Existing law prohibits a debt collector from, among other things, collecting or attempting to collect a consumer debt by means of the use, or threat of use, of physical force or violence or any criminal means to cause harm to the person, or the reputation, or the property of any person. This bill would enact analogous provisions applicable to collections or attempts to collect certain government debts and debts arising from towed or impounded vehicles, as specified. The bill would prohibit government and towing debt collectors, as defined, from engaging in specified collection practices and would require the person collecting to provide the debtor with specified information regarding the debt, including specified language requirements for the information provided. Existing law makes it a crime, with respect to attempted collection of a consumer debt, for a debt collector, creditor, or an attorney, to send a communication that simulates legal or judicial process or that gives the appearance of being authorized, issued, or approved by a governmental agency or attorney if it is not. This bill would make it a crime to engage in those acts with respect to the collection of certain government debts and debts arising from towed or impounded vehicles. The bill would also establish civil penalties for violations and would authorize a consumer to bring a civil action against a debt collector or attorney who violates these provisions. By expanding a crime, the bill would impose a state-mandated local program. Existing law authorizes certain individuals to cause the removal of a vehicle found upon a highway or public land or a vehicle parked on private property under specified conditions. This bill would make a person who violates these provisions, with certain exemptions, liable for specified damages. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR. suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 26). Re-referred to Com. on APPR.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  5. Referred to Com. on JUD.

  6. In Senate. Read first time. To Com. on RLS. for assignment.

  7. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 5495.)

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 16. Noes 0.) (May 25).

  10. Coauthors revised.

  11. In committee: Set, first hearing. Referred to APPR. suspense file.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 24). Re-referred to Com. on APPR.

  13. Re-referred to Com. on JUD.

  14. Read second time and amended.

  15. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (April 16).

  16. Re-referred to Com. on B. & F.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & F. Read second time and amended.

  18. Referred to Coms. on B. & F. and JUD.

  19. From printer. May be heard in committee March 19.

  20. Read first time. To print.

Sponsors

  • Gonzalez Fletcher · Cosponsor
  • Jones-Sawyer · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Jones-Sawyer

Co-sponsors (1)

  • Gonzalez Fletcher

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Bradford — Yea
Nielsen — Yea
Portantino — Yea
Hill — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2825 JONES-SAWYER Assembly Third Reading

Passed 77 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 56001
Democratic 15000
Republican 6000
Total 77001
% of votes cast 99%0%0%1%
How each member voted (78)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Mathis — Yea
Nazarian — Yea
Obernolte — Yea
Thurmond — Yea
Ting — Yea
Eggman — Yea
Rubio — Yea
Friedman — Yea
Harper — Yea
Holden — Yea
Jones-Sawyer — Yea
Maienschein — Yea
McCarty — Yea
O'Donnell — Yea
Bigelow — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Rendon — Not Voting
Steinorth — Yea
Waldron — Yea
Gloria — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Kamlager-Dove — Yea
Chau — Yea
Kiley — Yea
Fong — Yea
Salas — Yea
Levine — Yea
Low — Yea
Mayes — Yea
Gray — Yea
Medina — Yea
Melendez — Yea
Chu — Yea
Cunningham — Yea
Daly — Yea
Mullin — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Democratic 3000
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Quirk — Yea
Nazarian — Yea
Chau — Yea
Fong — Yea
Gonzalez Fletcher — Yea
Obernolte — Yea
Eggman — Yea
Friedman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Judiciary]

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Democratic 4000
Republican 2000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Acosta — Yea
Gonzalez Fletcher — Yea
Burke — Not Voting
Weber — Yea
Mark Stone — Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Grayson, Timothy S. Democratic Yea
Limón, Monique Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea

Official roll call →

Subjects

public-safety finance
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Frequently asked questions

What does AB 2825 do?
Existing law, the Rosenthal Fair Debt Collection Practices Act, is intended to prohibit debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer debts and to require debtors to act fairly in entering into and honoring those debts. Existing law prohibits a debt collector from, among other things, collecting or attempting to collect a consumer debt by means of the use, or threat of use, of physical force or violence or any criminal means to cause harm to the person, or the reputation, or the property of any person. This bill would enact analogous provisions applicable to collections or attempts to collect certain government debts and debts arising from towed or impounded vehicles, as specified. The bill would prohibit government and towing debt collectors, as defined, from engaging in specified collection practices and would require the person collecting to provide the debtor with specified information regarding the debt, including specified language requirements for the information provided. Existing law makes it a crime, with respect to attempted collection of a consumer debt, for a debt collector, creditor, or an attorney, to send a communication that simulates legal or judicial process or that gives the appearance of being authorized, issued, or approved by a governmental agency or attorney if it is not. This bill would make it a crime to engage in those acts with respect to the collection of certain government debts and debts arising from towed or impounded vehicles. The bill would also establish civil penalties for violations and would authorize a consumer to bring a civil action against a debt collector or attorney who violates these provisions. By expanding a crime, the bill would impose a state-mandated local program. Existing law authorizes certain individuals to cause the removal of a vehicle found upon a highway or public land or a vehicle parked on private property under specified conditions. This bill would make a person who violates these provisions, with certain exemptions, liable for specified damages. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2825?
AB 2825 is sponsored by Gonzalez Fletcher and Jones-Sawyer.
What is the current status of AB 2825?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2825?
Track AB 2825 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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