On Sept. 25, 2020, California Gov. Gavin Newsom approved Senate Bill 908 which creates the “Debt Collection Licensing Act.” The licensing provisions become operative Jan. 1, 2022, with the licenses to be issued by the Commissioner of Business Oversight.
Posts published by “Eric Rosenkoetter”
Eric Rosenkoetter is a principal at Maurice Wutscher LLP, where he provides counsel to businesses and consumer financial services firms nationwide. For many years, he has focused his practice on various aspects of financial services law. As a litigation attorney, he has conducted every aspect of the litigation process, including countless depositions, motion proceedings, bench and jury trials, and appeals in various courts. In addition, he has significant experience as a compliance and transactional attorney, providing strategic, business growth, legislative, compliance and regulatory advice to national corporations and trade associations. For example, he has drafted consumer contracts and disclosures designed to state-specific statutory requirements, and developed “Best Practices” guides and state-by-state compliance grids, for national financial services companies. He also conducted research and crafted a metrics report for a national trade association with analysis designed to counter the claims of advocacy groups. Eric’s experience also includes working for a national corporation as Executive Counsel, Chief Compliance and Ethics Officer, and Director of Legislative Affairs, and as a federal lobbyist and Director of Government and Public Affairs for a national financial services trade association. In the government sector, Eric presided over approximately 6,000 state administrative hearings, served as a staff attorney for the Missouri Senate, and handled litigation in 33 counties as a regional managing attorney. Eric frequently speaks to audiences on topics relevant to the financial services industry including regulatory compliance, data privacy law and related advocacy initiatives. For more information, see https://mauricewutscher.com/attorneys/eric-rosenkoetter/
Assembly Bill 713 was approved by California Gov. Gavin Newsom on Sept. 25, 2020, at which time its provisions went into effect. The legislation amends the California Consumer Privacy Act (CCPA) in part by addressing certain issues related to de-identified patient information.
On Sept. 9, 2020, California Assembly Bill 1885 was enacted, significantly increasing the amount of California’s homestead exemption. The amendment becomes effective Jan. 1, 2021.
In a case of first impression for the U.S. Court of Appeals for the Eleventh Circuit, the Court joined the Sixth Circuit in holding that obtaining a consumer report to verify a consumer’s identity and eligibility for a service is a “legitimate business need” and therefore a “permissible purpose” under the Fair Credit Reporting Act (FCRA).
On June 1, the Office of the California Attorney General filed its proposed Final Text of Regulations relating to the California Consumer Privacy Act (CCPA) with the California Office of Administrative Law.
The “Minnesota Consumer Data Privacy Act,” HF 3936, is a walleye-size privacy bill that significantly expands on the California Consumer Privacy Act. Unlike the CCPA, it does not include a dollar threshold for applicability.
Instead of introducing one all-encompassing bill addressing consumer data privacy issues, legislators in Wisconsin have introduced three consecutively-numbered privacy bills.
Rhode Island S 2430 is titled the “Consumer Privacy Protection Act” and has a number of provisions similar to the California Consumer Privacy Act, though the annual gross income threshold is much lower.
Although just over five pages in length (excluding the cover page and three-page summary), New Jersey S269 is not your garden-variety piece of privacy legislation and is packed with plenty of weedy issues.
Legislators in Mississippi recently introduced SB 2548. the "Mississippi Consumer Data Privacy Act." The bill contains provisions similar to the California Consumer Privacy Act but goes further than the CCPA with a lower annual gross revenue threshold, applying to any for-profit business, or any entity that controls or is controlled by such a business, that does business in Mississippi.
Illinois SB 3299 and HB 5603 are nearly identical and would create the “Consumer Privacy Act.”
Idaho HB 425 was introduced on Feb. 6, 2020, to address the perceived issue that “current Idaho law enables excessive attorney's fees and fails to provide judges with clear guidance to combat abuses of the collections process.” This proposed law would apply to “any person” and does not limit its application to debt collectors.