ALRIGHT GOOD AFTERNOON EVERYONE
WE DO HAVE A QUORUM AND I'D LIKE
TO CALL THE ASSEMBLY COMMITTEE
ON BANKING AND FINANCE TO ORDER.
I LIKE TO CALL FORM AND.
TENDONS.
WELL.
LIMóN.
LIMóN PRESIDENT.
HERE PRESIDENT.
GEN.
ACOSTA HERE ACOSTA PRESENT
BURKE.
BURKE PRESIDENT.
CALDERON.
CALDERON PRESENT THROUGHOUT THIS
SITE ABOUT THIS PRESIDENTIAL
AND.
GONZALEZ FLETCHER GRAYSON.
GRAYSON STONE.
GRAYSON HERE.
MARK STONE.
WEBER.
THINK YOU WE DO HAVE A QUORUM
AND IT THIS IS EXCITING
OPPORTUNITY FOR ME ADD TO
SERVICE CHAIR OF THE BANKING AND
FINANCE COMMITTEE NEVER TO
WORKING WITH MY COLLEAGUES. AND
WE HAVE RETURNING COLLEAGUES AND
ALSO WE HAVE SOME NEW COLLEAGUES
INCLUDING AND THE MAJORITY
LEADER AYE CALDERON AND.
MEMBER AYE GONZALEZ FLETCHER
THAT WILL BE JOINING US A
WELCOME TO THE COMMITTEE AND
WELCOME TO OUR.
CONTINUING AND RETURNING
MEMBERS.
AND.
ASSEMBLYMEMBER DANTECOST IS
ALSO KNEW THAT TO THE COMMITTEE
SO WELCOME.
AND VICE CHAIR WELCOME EXT.
AND SO WEEK THAT AT WE ACTUALLY
HAVE TO BILLS ON THE AGENDA AND
WE ARE GOING TO START OFF THIS
AFTERNOON.
A WITH AB SIX AWAY
ASSEMBLYMEMBER IRWIN.
WHEN YOUR READY. THANK YOU MADAM
CHAIR AND CONGRATULATIONS ON
YOUR NEW ASSIGNMENTS ON YOUR
VERY FIRST BILL AND YOU'RE. MY
FAVORITE SPELL.
A VERY LONG RESPONSIBILITY WE
HOPE AS CHAIR OF BANKING AND
FINANCE.
AB I WILL BE PRESENTING AB SIX
OH EIGHT WHICH PROHIBITS THE
CHARGING OF FEES TO PROTECTED
CONSUMERS. THAT WANT TO PLACE A
SECURITY FREEZE ON A CREDIT
REPORT. THIS MEASURE IS IN
RESPONSE TO.
THE PERFECT DATA BREACH WHICH
EXPOSE THE PERSONAL INFORMATION
OF A HUNDRED AND FORTY FIVE
POINT FIVE MILLION PEOPLE DUE TO
LAX CYBER SECURITY MEASURES IN
PLACE.
CREDIT FREEZES ARE THE ONLY
PRACTICAL SOLUTION TO SAFEGUARD
THE CREDIT OF OUR CHILDREN AND
OTHER VULNERABLE POPULATIONS
CALIFORNIA FAMILY SHOULD NOT
HAVE TO PAY A PREMIUM TO PROTECT
UP TO BE PROTECTED FROM THE
MISUSE.
OF THEIR PERSONAL INFORMATION
MADE POSSIBLE BY THE CONSUMER
CREDIT REPORTING BUSINESS MODEL
AND THE POOR.
ACCURATELY PRACTICES OF EQUIFAX
I RESPECTFULLY ASK FOR YOUR
ABOUT.
WHEN.
TO BE HAPPENING WITH.
THANK YOU SO MARIN DO YOU HAVE
ANY WITNESSES IN SUPPORT. AND
OPPOSITION.
MEMBERS ANY COMMENTS OR
QUESTIONS FOR THE AUTHOR.
RIGHT THE BILL DOES HAVE A DO
PASS RECOMMENDATION.
DO WE HAVE A MOTION AND A
SECOND.
ALRIGHT CUBICLES.
BY TO CLOSE GUIDE I JUST WANT TO
MAKE.
CLEAR THAT THIS OVER THERE ARE
GOING TO BE A NUMBER OF.
BILLS COMING FORWARD IN
RESPONSE TO THE BREACH BUT THIS
IS SPECIFICALLY A PHRASE ONLY
FOR CHILDREN IN THIS FOLLOWS UP
ON A BILL THAT WAS DONE. A
COUPLE OF YEARS AGO THAT ALLOW
PARENTS TO FREEZE THEIR.
CHILDREN SOCIAL SECURITY OR
THEIR THEIR CREDIT REPORT SO. OF
IT IS IT'S A VERY IMPORTANT SET
UP PROCESS THAT OF PARENTS
SHOULD MAKE SURE TO UTILIZE WHEN
THEY HAVE CHILDREN TO PROTECT
THEIR CREDIT BECAUSE. WHAT WE
FIND IS THAT SOME OF? THE MOST
ABUSED AS SOCIAL SECURITY
NUMBERS ARE THE ONES OF CHILDREN
SO THEY CAN BE ABUSED FOR. THAT
EIGHTEEN YEARS BEFORE. OF BEFORE
SOMEBODY FINDS OUT SO.
AGAIN RESPECTFULLY ASK FOR I
THOUGHT.
THINK IS IN A MORMON I KNOW THAT
WE ALL KNOW A FIRST HAND HOW
PASSIONATE AND COMMITTED YOU ARE
TO THIS ISSUE BECAUSE WE YOU
ALSO ARE GREAT AT COACHING ASKS.
SO THINK YOU.
ALRIGHT.
THE MOTION IS TO PASS LEE ONE.
LIMóN AYE CHEN.
CHEN AYE ACOSTA.
ACOSTA AYE BURKE.
BURKE AYE CALDERON.
CALDERON EYES THAT ABOUT THIS
SAID ABOUT THIS AYE CHOI AYE
CHOI AYE GONZALEZ FLETCHER.
GRAYSON. GRAYSON AYE MARKS DON'T
WEBER.
WEBER I.
THE BILL IS OUT WITH NINE AM.
VOTES BUT WILL LEAVE OTHER ROLE
OPEN FOR ANY MEMBERS AYE WHO ARE
NOT PRESENT.
THANK YOU MADAM CHAIR MEMBERS
SINKING.
ALRIGHT SO NOW WE WILL MOVE TO A
AB FIFTEEN TWENTY SIX. AND.
I AM LOOKING FOR ASSEMBLYMEMBER.
KALRA.
HE'D BUT NOW
.
YEAH
OUR IS A MEMBER KALRA WHENEVER
YOU'RE READY YOU CAN BEGIN.
THANK YOU MADAM CHAIR IS GREAT
TO SEE YOU.
MADAM CHAIR MEMBERS THANK YOU
FOR THE OPPORTUNITY PRESENT AB
FIFTEEN TWENTY SIX TO TODAY. AB
FIFTEEN TWENTY SIX IS A SIMPLE
YET IMPORTANT MEASURE TO HELP
CLARIFY HOW AND WHEN DEBT MAY BE
PERCEIVED FOR REPAYMENT.
STATUTE OF LIMITATIONS HAS
EXPIRED.
IT WOULD DO THIS IN THREE WAYS
FIRST PROVIDED NO PERSON MAY
SEWER BRING LEGAL ACTION AGAINST
CONSUMER WHEN THE DEBT BECOMES
TIME BARRED. MEANNESS TOUCH
LIMITATIONS HAS PASSED
SECOND IT WAS STATE THAT IT
REPAYMENT OF THE DEBT BEGINS
AFTER HIS TIME BARRED US TAX
LIMITATIONS CLOCK DOES NOT
RESTART. THIRD IT WOULD PROVIDE
ANY PERSON ATTEMPTING TO COLLECT
ON THE TIME BY DEBT TO PRINT.
BY CONSUMERS OF INFORMATION
ABOUT WHAT A TIME BY DEBT IS. A
AND THAT THEY CANNOT BE SUED.
SUPPORT NOTE THAT.
.
BOB ARTISTS OTHERS INCLUDE HER
BY SAYING I AM THIS BILL
PROVIDES.
PROTECTIONS CONSUMERS ARE DEBT
BECOMES TIME BARRED EIGHTY
FIFTEEN TWENTY SIX IS PRAGMATIC
AND LOGICAL NEXT AND HELPING
PREVENT CONSUMERS ARE BEING
TARGETED. ENSUED FOR DESTINY TOO
OLD TO LEGALLY ENFORCE.
ME TODAY A IS JAN FLOREY VOIGTS
CENTER ON LAW AND POVERTY SO IS
RON COLEMAN.
ADVERTISEMENT.
GOOD AFTERNOON GENTLER THE
WESTERN CENTER ON LAW AND
POVERTY WERE CALIFORNIA'S
LARGEST AND OLDEST LEGAL
SERVICES SUPPORT CENTER MEANING
THAT WE WORK DIRECTLY WITH OUR
LOCAL LEGAL SERVICES PARTNERS.
AB FIFTEEN TWENTY SIX HAS A
COUPLE OF IT IMPORTANT
PROVISIONS
FIRST OF ALL RIGHT NOW IF IT
DEBT BUYER HOLDS YOUR DAD. YOU
GET A NOTICE OF ITS AFTER THE
FOR YOUR STATUE OF LIMITATIONS
OR ITS AFTER THE SEVEN YEAR
LIMIT FOR REPORTING TO CREDIT
REPORTING AGENCY. THAT TELLS YOU
THAT YOU WON'T BE SUED OR THAT
YOUR DEBT WON'T BE REPORTED TO
CREDIT REPORTING AGENCY.
IF YOUR DEBT IS HELD BY A DEBT
COLLECTOR YOU ARE REQUIRED TO
GET THAT SAME NOTICE CONSUMERS
HAVE NO CONTROL OVER WHO
ACTUALLY HOLDS THEIR DAD AT THIS
STAGE. AND THEY DON'T KNOW THE
DIFFERENCE BETWEEN DEBT BUYERS
AND DEBT COLLECTORS THIS WOULD
MAKE SURE EVERYBODY GETS THE
SAME NOTICE ABOUT THEIR RIGHTS.
THE SECOND IMPORTANT PIECE AT
THAT AB FIFTEEN TWENTY SIX DOES
IS IT MAKES THE STATUE OF
LIMITATIONS DO WHAT PEOPLE THINK
IT ALREADY DOES.
THE STATUTE OF LIMITATIONS MEANS
THAT AFTER FOUR YEARS YOU CAN NO
LONGER. BE SUED ON THAT DEBT
EXCEPT FOR FOR MANY CONSUMERS
THEY ACTUALLY HAVE TO RAISE IT
AS AN AFFIRMATIVE DEFENSE IN
COURT.
CURRENTLY ACCORDING TO A TWENTY
FIFTEEN REPORT BY THE NATIONAL
CENTER FOR STATE COURTS IN THE
STATE JUSTICE INSTITUTE. AT
LEAST ONE PARTY IN EVERY CIVIL
STATE COURT CASE WAS SELF
REPRESENTED AND THAT PARTY IS
USUALLY. THE DEFENDANT IN MORE
THAN THREE QUARTERS OF ALL
CASES.
MOST OF THOSE CASES ARE THEN
DISPOSED THROUGH ADMINISTRATIVE
PROCESS AND THEY'RE USUALLY
DISPOSED OF THROUGH DEFAULT
JUDGMENTS.
WE ALREADY KNOW WE HAVE A LARGE
JUSTICE CAP IN CALIFORNIA AND
IT'S NO STRETCH TO ASSUME THAT
MOST OF THESE UNREPRESENTED
CIVIL LITIGANTS WHO ARE GETTING
DEFAULT JUDGMENTS FOR DEBTS. ARE
LOW INCOME CALIFORNIA'S.
CALIFORNIANS
TO GIVE FURTHER CONTEXT
IN OVER FIFTY PERCENT OF THE
COMPLAINTS TO THE FEDERAL
CONSUMER FINANCIAL PROTECTION
BUREAU. CONSUMERS DISPUTED THE
DEBT WAS OWED AT ALL THEY SAID
IT WAS EITHER THE WRONG PERSON
THE WRONG AMOUNT IT HAD ALREADY
BEEN PAID FOR ALREADY BEEN
SETTLED.
IN CALIFORNIA THE REPRESENTATION
OF LEGAL CIVIL. GOOD
REPRESENTATION IN CIVIL CASES
IT'S DEFINITELY NOT COMPLETE.
FEW LEGAL SERVICES ARE ABLE TO
REPRESENT LOW INCOMES CONSUMERS
AND DEBT COLLECTION GIVING YEARS
OF BUDGET CUTS AND FURTHER
THREATS TO THEIR BUDGETS.
THEY'VE BEEN FORCED TO
PRIORITIZE HOUSING FOOD
ASSISTANCE MEDICAL ASSISTANCE
FAMILY LAW ON IMMIGRATION.
ALL THE WHILE KNOWING THAT
POVERTY IS DIRECTLY RELATED TO
THE LACK OF MONEY.
DEBT COLLECTION LAWSUITS ONLY
EXACERBATE THE SITUATION.
RON COLEMAN HERE FROM THE
CALIFORNIA LOW INCOME CONSUMERS
COALITION IS GOING TO SHARE SOME
EXAMPLES OF HOW CONSUMERS ARE
BEING HARMED BY TIME BARRED
DEBTS.
AND SO IN SHORT AB FIFTEEN
TWENTY SIX IS GOING TO ENSURE
THAT ALL CONSUMERS GET THE SAME
INFORMATION WHEN THEY CAN NO
LONGER BE SUED FOR A DAY OR
DEBTS TOOL TO REPORT. AND IT
ALSO PREVENTS UNREPRESENTED
CONSUMERS FROM BEING SUED.
IT'S NOT RADICAL BUT IT'S A
PRACTICAL REFORM THAT WILL HELP
MANY LOW INCOME AND OTHER
CALIFORNIANS FACE THE DEBT
COLLECTION WITHOUT
REPRESENTATION.
GOOD AFTERNOON MADAM CHAIR AND
MEMBERS RONALD COLMAN HERE ON
BEHALF OF THE CALIFORNIA LOW
INCOME CONSUMER COALITION.
WE ARE COALITION OF LEGAL
SERVICE PROVIDERS AND CONSUMER
PROTECTION ORGANIZATIONS
FIGHTING FOR LOW INCOME
CONSUMERS ACROSS THE STATE OF
CALIFORNIA. OUR MEMBERS AND
PARTNERSHIPS IN A NUMBER OF
CASES SPARKED BY THE PROBLEMS IN
WHICH AB FIFTEEN TWENTY SIX SIX
TO ADDRESS IN ONE CASE THE
CLIENT FROM PUBLIC LAWCENTER WAS
SUED BY A THIRD PARTY DEBT
COLLECTOR ON TWO COUNTS ONE AN
OPEN BOOK CLAIM. ANOTHER AN
ACCOUNT STATED CLAIM THE OPEN
BOOK CLAIM WAS BARRED BY THE
STATUE LIMITATIONS BECAUSE THE.
THE LAST PAYMENT WAS MADE ON
JANUARY EIGHTEENTH TWENTY
THIRTEEN IN THE CASE WAS FILED
ON FEBRUARY FIRST TWENTY
SEVENTEEN THE CLIENT WITH THE
INCREDIBLY STRESSED OUT ABOUT
THIS CASE AND CAME TO PLC NOT
KNOWING WHAT TO DO. UP PUBLIC
LAWCENTER WE SUBSTITUTED INTO
THE CASE INVOLVED IN MOTION FOR
JUDGMENT ON THE PLEADINGS
ARGUING THE STATUTE OF
LIMITATIONS THE FENCE. THE
PLAINTIFF DISMISSED THE CASE
THAT VERY SAME DAY CLEARLY THIS
IS A LITTLE ANTI CLIMATIC BUT
HOW THE CLIENT NOT FOUND OUT
ABOUT PLC SHE LIKELY WOULD HAVE
ENDED UP WITH A DEFAULT
JUDGMENT.
AS SHE HAD NO IDEA WHAT TO DO
ABOUT DEFENDING HER CASE AND
CERTAINLY WOULDN'T HAVE KNOWN
THAT THE COLLECTION AGENCY ONLY
HAD FOUR YEARS FROM THE DATE OF
THE LAST PAYMENT TO SUE. IN
ANOTHER SITUATION WITH THE
CLIMATE FROM A CLIENT FROM
PUBLIC LAWCENTER WHO WAS
CONTACTED BY A COLLECTION AGENCY
ON BEHALF OF NOW BEING FOR TO
DEBTS THAT ARE LONG PAST THE
STATUE LIMITATIONS THE DATA
RELATED TO TUITION DEBTS FOR
PRIVATE STUDENT LOAN SO THEY ARE
SUBJECT TO THE FOUR. YEAR EVEN
THOUGH THEY SHOULD BE IN
FOR PARENTS WHILE THE
FORGIVENESS APPLICATION IS BEING
PROCESS ONCE THE PUBLIC
LAWCENTER ATTORNEY HAD A CHANCE
TO LOOK AT THE NOTICES THEY SAW
LANGUAGE AND DATES THAT SHOWED
AN INDICATED THAT THE DEBTS.
WERE PASSED THE STATUTE
LIMITATION.
BUT IT'S CLEAR THAT A SOMEWHAT
EDUCATED PERSON.
THAT WHO THE CONSUMER IS VERY
CONFUSED WHEN PRESENTED WITH
THESE DEBT COLLECTION LETTERS ON
THESE TIME BAR DEBTS. UP FROM
WHAT WE LEARN FROM OUR LEGAL
SERVICES ATTORNEYS THAT ARE ON
THE GROUND THEY HAVE ACTUALLY
BEEN ABLE TO CONVINCE A FEW
PEOPLE NOT TO FILE FOR
BANKRUPTCY. US CERTAINLY WE HAVE
SEEN A LOT OF PEOPLE.
DESTROY THEIR CREDIT FOR SEVEN
TO TEN YEARS OF COURSE WITH
CHAPTER THIRTEEN SEVEN YEARS
CHAPTER TEN.
R. CHAPTER SEVEN BEING TEN
YEARS OUT WHICH IS NOT WHAT MOST
LOW INCOME RENTERS USE WHEN THEY
DO FILE FOR BANKRUPTCY
BANKRUPTCY WE ALSO HEAR A LOT OF
STORIES RELATED TO MEDICAL DEBT
ON THESE ISSUES AS WELL SO
CENTRAL CALIFORNIA LEGAL
SERVICES AND THE CENTRAL. VALLEY
REGULARLY REPRESENTS CONSUMERS
THAT HAVE ISSUES WITH MEDICAL
DEBT IN ONE RECENT CASE AN
ELDERLY CLIENT LIVING ON FIXED
INCOME WITH SUIT FOR TWENTY TWO
THOUSAND DOLLARS FOURTEEN
THOUSAND DOLLARS OF THAT WAS
INTEREST ALONE. FOUR LEDUC WILL
DEBT RATING FROM SEVEN TO
FOURTEEN YEARS DECLINE HAD NEVER
BEEN BUILT FOR ANY OF THIS A
FACT THE COLLECTION AGENCY
ACKNOWLEDGED AND STATED THAT
THEY DIDN'T EVEN KNOW WHERE TO
FIND HER. ANOTHER ELDERLY
CONSUMER WENT TO SEE FEEL AS
TRYING TO FIGURE OUT HOW TO PAY
OF THE CLIENT HAD BEEN GIVEN NO
NOTICE OF ITS RIGHTS AND NO
INFORMATION ABOUT THE ORIGINAL
DEBT AND UPON INVESTIGATION THE
COLLECTION AGENT. COULD NOT EVEN
SHOW A LINK BETWEEN THE ORIGINAL
CREDITOR AND THAT ACTUAL CLIENT
SO AS YOU CAN SEE YOU KNOW AB
FIFTEENTH FIFTEEN TWENTY THINK
THIS. IS A REASONABLE APPROACH
IT'S DESPERATELY NEEDED FOR
CONSUMERS THAT BY THEMSELVES AND
WE SITUATIONS WITH THESE TIME BY
DEBTS THANK YOU VERY MUCH WE ASK
YOUR AYE. VOTE. THANK YOU DO WE
HAVE ANY OTHER WITNESSES IN
SUPPORT PLEASE.
MARY JUNE FOURTH ON BEHALF OF
HEALTH ACCESS CALIFORNIANS
SUPPORT.
RIGHT SEEN OTHER WITNESSES AND
SUPPORT ANY WITNESSES IN
OPPOSITION.
YEAH THANK YOU NOT OPPOSITION
MADAM CHAIR A CLIPPER HERE OVER
THE CALIFORNIA ASSOCIATION OF
COLLECTORS.
WHAT DID YOU TELL THE COMMITTEE
WE REMOVED OUR OPPOSITION BASED
ON THE AMENDMENTS THAT WE WORKED
OUT WITH THE AUTHOR OF THE
SPONSORS? A SO WE ARE NO LONGER
OPPOSE THANK YOU.
PAT WHALEN ELLISON WILSON
EFFICACY.
REPRESENTING US CB AMERICA INC
ALSO IN REMOVING OPPOSITION LIKE
TO THANK THE AUTHOR FOR BEING
WILLING TO GOVERNMENTS.
MARGARET LET'S SEE NOW BEHALF
THE CALIFORNIA COMMITTEE BANKING
NETWORK WE ALSO REMOVE
PROPOSITION THANK THE AUTHOR FOR
THEIR WORK ON THE ISSUE.
GREAT.
SO WE DO HAVE A.
A MOTION MADE BY VICE CHAIR AT
CHEN AND A SECOND BY A CONSTANT
MEMBERS ANY COMMENTS. OR
QUESTIONS.
HEARING AND SEEING THEN.
WOULD YOU LIKE TO CLOSE.
THANK YOU MADAM SHALLOW THANK
THOSE.
THAT WERE PREVIOUSLY OPPOSITION
FOR WORKING. WITH US TO REMOVE
OPPOSITION.
I WANNA CERTAINLY UP OF THANK
THOSE HERE AND SPEAKING IN
SUPPORT AND APPRECIATE THE
BIPARTISAN SUPPORT AND
APPRECIATE MY BOOK I THINK IT.
IF CULTURAL.
THE MOTION IS A DO PASSED
LAMOND.
LIMóN AYE CHEN.
CHEN AYE ACROSS THEM.
ACOSTA AYE BURKE.
BURKE AYE CALDERON.
CALDERON EYES THAT MONTH THIS
THAT ABOUT THIS AYE CHOI AYE
CHOI AYE GONZALEZ FLETCHER.
GONZALEZ FLETCHER AYE GRAYSON.
GRAYSON AYE MARK STONE.
MARK STONE AYE WEBER.
WEBER I.
THE BILL IS OUT TO WITH ELEVEN
VOTES UNANIMOUSLY.
AND NOW WE WILL.
.
FOR THE ABSENT MEMBERS WILL CALL
ROLE.
FOUR A. B. SIX SO EIGHT.
A PATH THAT WOULD REDUCE YOUR
PREFERRED.
SO WE GET I THINK WE HAVE.
GONZALEZ FLETCHER.
FOR A BI SIX SO EIGHT GONZALEZ
FLETCHER GONZALEZ FLETCHER AYE.
MARK STONE MARK STONE HIGH.
ALRIGHT
AND THAT BILL IS ALSO OUT.
UNANIMOUSLY ELEVEN NO I'M AND
SEE NO FOR THE BUSINESS WE ARE
ADJOURNED