AB 430 — Debt collection: identity theft.

Summary

Existing law requires a debt collector to cease collection activities until completion of a specified review if it receives a copy of a police report filed by the debtor alleging that the debtor is the victim of an identity theft crime and it receives a written statement from the debtor that the debtor claims to be the victim of identity theft, with respect to the specific debt being collected by the debt collector. This bill, instead, would require a debt collector to cease collection activities until completion of a review if it receives a copy of a Federal Trade Commission (FTC) identity theft report and a written statement from the debtor. The bill would authorize a debtor to choose to send a copy of a police report, as specified, but prohibit a debt collector from also requiring a police report if the debtor submits an FTC identity theft report. Existing law specifies that if service of a summons has not resulted in actual notice to a person in time to defend an action brought by a debt buyer and a default or default judgment has been entered against the person in the action, the person may serve and file a notice of motion and motion to set aside the default or default judgment and for leave to defend the action. Existing law requires the notice of motion to be served and filed, in the case of identity theft, within a reasonable time, but in no event exceeding 180 days of the first actual notice of the action. Existing law also requires, in the case of identity theft, that the person alleging that they are a victim of identity theft provide the court with either a copy of a Federal Trade Commission Identity Theft Affidavit or a copy of a police report. This bill, instead, would require the person alleging that they are a victim of identity theft to provide the court with either a copy of a Federal Trade Commission identity theft report or a copy of a police report. The bill would make other nonsubstantive changes. Existing law authorizes a person to bring an action against a claimant to establish that the person is a victim of identity theft, in connection with the claimant's claim against that person; if the claimant has brought an action to recover on its claim against the person, existing law authorizes the person to file a cross-complaint to establish that the person is a victim of identity theft in connection with the claimant's claim. Existing law defines a "victim of identity theft" for purposes of these provisions as a person who has filed a police report alleging a crime, as specified. In order for a person to recover actual damages or attorney's fees in an action or cross-complaint filed by a person alleging that they are a victim of identity theft, existing law requires that the person show that they provided the claimant, upon written request of claimant, a valid copy of a police report or a Department of Motor Vehicles investigative report before filing the action, or within their cross-complaint, as specified. This bill would change the definition of the phrase "victim of identity theft" for purposes of these provisions to also include a person who has submitted an FTC identity theft report. This bill would require, in order for a person to recover actual damages or attorney's fees in an action or cross-complaint filed by a person alleging that they are a victim of identity theft, that the person, upon written request of the claimant, provided the claimant a valid, signed FTC identity theft report before filing the action or within their cross-complaint, as specified. The bill would authorize a person to provide a valid copy of a police report or a Department of Motor Vehicles investigative report, as specified, but prohibit the claimant from also requiring a DMV or police report if the person submits an FTC identity theft report. Existing law authorizes a person to receive information relating to an application or account that was filed with any person or entity by an unauthorized person upon presenting the person or entity with which the application was filed or the account was opened a copy of a police report and identifying information, as specified. This bill would also authorize a person to receive this information upon presenting the person or entity with which the application was filed or the account was opened a copy of a signed and submitted FTC identity theft report and identifying information, as specified. The bill would make other conforming changes.

Bill Text

• Chaptered 09/23/21 - Chaptered Current pdf September 23, 2021
• Enrolled 09/09/21 - Enrolled pdf September 09, 2021
• Amended 06/24/21 - Amended Senate pdf June 24, 2021
• Amended 04/21/21 - Amended Assembly pdf April 21, 2021
• Amended 04/06/21 - Amended Assembly pdf April 06, 2021
• Amended 03/18/21 - Amended Assembly pdf March 18, 2021
• Introduced 02/04/21 - Introduced pdf February 04, 2021
• AB430 View text html

Action History

1. September 23, 2021

   Chaptered by Secretary of State - Chapter 265, Statutes of 2021.

2. September 23, 2021

   Approved by the Governor.

3. September 13, 2021

   Enrolled and presented to the Governor at 3 p.m.

4. September 07, 2021

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 0. Page 2842.).

5. September 03, 2021

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.

6. September 03, 2021

   Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2389.).

7. August 31, 2021

   Ordered to special consent calendar.

8. August 26, 2021

   Read second time. Ordered to third reading.

9. August 26, 2021

   From committee: Do pass. (Ayes 7. Noes 0.) (August 26).

10. July 15, 2021

    In committee: Referred to suspense file.

11. June 24, 2021

    Read second time and amended. Re-referred to Com. on APPR.

12. June 23, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 22).

13. June 09, 2021

    From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 9). Re-referred to Com. on JUD.

14. May 12, 2021

    Referred to Coms. on B. & F.I., JUD. and APPR.

15. May 03, 2021

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

16. April 29, 2021

    Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1250.)

17. April 22, 2021

    Read second time. Ordered to Consent Calendar.

18. April 21, 2021

    Read second time and amended. Ordered returned to second reading.

19. April 20, 2021

    From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 10. Noes 0.) (April 20).

20. April 19, 2021

    From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (April 15). Re-referred to Com. on JUD.

21. April 08, 2021

    (pending re-refer to Com. on JUD.)

22. April 08, 2021

    Assembly Rule 56 suspended. (Page 924.)

23. April 07, 2021

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

24. April 06, 2021

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

25. March 22, 2021

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

26. March 18, 2021

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

27. March 18, 2021

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

28. February 05, 2021

    From printer. May be heard in committee March 7.

29. February 04, 2021

    Read first time. To print.

Sponsors

• Timothy S. Grayson · Primary

Votes

Subjects