California 2021-2022 Regular Session Status: Enacted

SB 531 — Consumer debt.

Last action — Chaptered by Secretary of State. Chapter 455, Statutes of 2021.

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

This bill has been enacted into law. Introduced February 17, 2021. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the Rosenthal Fair Debt Collection Practices Act, regulates the collection of a consumer debt, as defined, by a debt collector. Existing law defines "debt collector" to mean a person who, in the ordinary course of business engages in debt collection, including any person who composes and sells, or offers to compose and sell, forms, letters, and other collection media used or intended to be used for debt collection. Existing law, the Debt Collection Licensing Act, prohibits, beginning January 1, 2022, a person from engaging in the business of debt collection in this state without first obtaining a license from the Commissioner of Financial Protection and Innovation. Existing law prohibits a debt buyer from making a written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer possesses specified information, including the date of default or the date of the last payment, and requires the debt buyer to include specified information in the written statement to the debtor. Existing law defines "debt buyer" to mean a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney-at-law for collection litigation. This bill would require a debt collector to which delinquent debt, as defined and specified, has been assigned to provide to the debtor, upon the debtor's request, a written statement that includes certain information, including the date the debt became delinquent or the date of the last payment, within 30 calendar days of receipt of a debtor's written request for information regarding the debt or proof of the debt, as specified. The bill would require a debt collector to which delinquent debt has been assigned to include in its first written communication with the debtor a specified notice, and would require a debt collector to provide a debtor an active postal address to which a debtor may send a request for the information. The bill would provide that a debt buyer who complies with the written statement requirements under the Debt Collection Licensing Act is deemed to comply with this new requirement on a debt collector, to which a delinquent debt has been assigned, to provide a written statement to the debtor upon the debtor's request. The bill would prohibit a debt collector to which a delinquent debt has been assigned from making a written statement to a debtor in an attempt to collect a delinquent consumer debt, except if the debt collector has access to specified information, as provided. The bill would provide that these provisions become operative on July 1, 2022.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 455, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2280.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 68. Noes 1. Page 2570.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 15. Noes 1.) (August 19).

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

  10. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (July 6).

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  12. From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 29). Re-referred to Com. on JUD.

  13. Joint Rule 62(a) suspended. (Ayes 56. Noes 19. Page 2124.)

  14. June 28 hearing postponed by committee.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.

  16. June 14 hearing postponed by committee.

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

  18. In Assembly. Read first time. Held at Desk.

  19. Read third time. Passed. (Ayes 29. Noes 9. Page 1087.) Ordered to the Assembly.

  20. Read second time. Ordered to third reading.

  21. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  22. Set for hearing May 10.

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

  24. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 936.) (April 27).

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  26. Set for hearing April 27.

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

  28. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 2. Page 702.) (April 7).

  29. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.I.

  30. Set for hearing April 7.

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

  32. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  33. (Ayes 32. Noes 4.)

  34. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  35. From printer. May be acted upon on or after March 20.

  36. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Wieckowski

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Unfinished Business SB531 Wieckowski Concurrence

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 22001
Democratic 12001
Republican 4000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Gonzalez — Yea
Hertzberg — Yea
Atkins — Yea
Glazer — Yea
Roth — Yea
Wilk — Yea
Skinner — Yea
Dodd — Yea
Kamlager — Yea
Newman — Yea
Nielsen — Yea
Min — Yea
Leyva — Yea
Hueso — Yea
Bates — Yea
Pan — Yea
Portantino — Yea
Rubio — Yea
Wieckowski — Yea
Eggman — Yea
Melendez — Yea
Bradford — Yea
Borgeas — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

SB 531 Wieckowski Senate Third Reading By Gallagher

Passed 68 Yea · 1 Nay · 10 Other
Party YeaNayPresentNot Voting
Democratic 24002
Unaffiliated 38006
Republican 6102
Total 681010
% of votes cast 86%1%0%13%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Gray — Not Voting
Kiley — Not Voting
Mathis — Not Voting
Bigelow — Not Voting
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Davies, Laurie Republican Nay
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11100
Democratic 3000
Republican 1000
Total 15100
% of votes cast 94%6%0%0%
How each member voted (16)
Member Party Vote
Voepel — Yea
Mullin — Yea
Quirk — Yea
Chau — Yea
McCarty — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Kalra, Ash Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

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

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Republican 1100
Unaffiliated 6001
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Kiley — Not Voting
Chiu — Yea
Maienschein — Yea
Chau — Yea
Holden — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Davies, Laurie Republican Nay
Gallagher, James Republican Yea

Official roll call →

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

Passed 9 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 6001
Unaffiliated 3000
Republican 0002
Total 9003
% of votes cast 75%0%0%25%
How each member voted (12)
Member Party Vote
Burke — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Bauer-Kahan, Rebecca Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Grayson, Timothy S. Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting

Official roll call →

3rd Reading

Passed 29 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 11002
Unaffiliated 18500
Republican 0400
Total 29902
% of votes cast 73%23%0%5%
How each member voted (40)
Member Party Vote
Gonzalez — Yea
Skinner — Yea
Hueso — Yea
Wieckowski — Yea
Hertzberg — Yea
Atkins — Yea
Kamlager — Yea
Roth — Yea
Nielsen — Nay
Bates — Nay
Wilk — Nay
Melendez — Nay
Borgeas — Nay
Eggman — Yea
Leyva — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Dodd — Yea
Bradford — Yea
Rubio — Yea
Glazer — Yea
Pan — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3001
Democratic 6000
Republican 0100
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Gonzalez — Yea
Hertzberg — Yea
Wieckowski — Yea
Borgeas — Not Voting
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary]

Passed 7 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4000
Democratic 3000
Republican 0200
Total 7200
% of votes cast 78%22%0%0%
How each member voted (9)
Member Party Vote
Bradford — Yea
Portantino — Yea
Min — Yea
Hueso — Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Limón, Monique Democratic Yea
Dahle, Megan Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Subjects

finance labor
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Frequently asked questions

What does SB 531 do?
Existing law, the Rosenthal Fair Debt Collection Practices Act, regulates the collection of a consumer debt, as defined, by a debt collector. Existing law defines "debt collector" to mean a person who, in the ordinary course of business engages in debt collection, including any person who composes and sells, or offers to compose and sell, forms, letters, and other collection media used or intended to be used for debt collection. Existing law, the Debt Collection Licensing Act, prohibits, beginning January 1, 2022, a person from engaging in the business of debt collection in this state without first obtaining a license from the Commissioner of Financial Protection and Innovation. Existing law prohibits a debt buyer from making a written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer possesses specified information, including the date of default or the date of the last payment, and requires the debt buyer to include specified information in the written statement to the debtor. Existing law defines "debt buyer" to mean a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney-at-law for collection litigation. This bill would require a debt collector to which delinquent debt, as defined and specified, has been assigned to provide to the debtor, upon the debtor's request, a written statement that includes certain information, including the date the debt became delinquent or the date of the last payment, within 30 calendar days of receipt of a debtor's written request for information regarding the debt or proof of the debt, as specified. The bill would require a debt collector to which delinquent debt has been assigned to include in its first written communication with the debtor a specified notice, and would require a debt collector to provide a debtor an active postal address to which a debtor may send a request for the information. The bill would provide that a debt buyer who complies with the written statement requirements under the Debt Collection Licensing Act is deemed to comply with this new requirement on a debt collector, to which a delinquent debt has been assigned, to provide a written statement to the debtor upon the debtor's request. The bill would prohibit a debt collector to which a delinquent debt has been assigned from making a written statement to a debtor in an attempt to collect a delinquent consumer debt, except if the debt collector has access to specified information, as provided. The bill would provide that these provisions become operative on July 1, 2022.
Who sponsors SB 531?
SB 531 is sponsored by Wieckowski.
What is the current status of SB 531?
This bill has been enacted into law. Introduced February 17, 2021. Enacted.
Where can I track SB 531?
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