[cracrap]

WHERE DID THIS GO??

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


SECTION 1. Section 1788.17 is added to the Civil Code, to
read:
1788.17. (a) The Legislature finds and declares, as follows:

(1) California creditors or their agents are assigning
consumer debts to debt collectors in other states which states'
licensing schemes do not adequately protect the interests of
California citizens who are contacted by those out-of-state debt
collectors. This conduct is contrary to the purpose an spirit
of this title which was enacted by the Legislature to protect
California citizens from abusive, unfair, or deceptive practices
of debt collectors.
(2) Notwithstanding the provisions of Section 1692l of Title
15 of the United States Code, the regulatory enforcement
structure of the Fair Debt Collection Practices Act (15 U.S.C.
Sec. 1692 et seq.) does not adequately protect the interests of
California citizens from the activities of creditors or their
agents who assign the consumer debts of California citizens to
debt collectors in other jurisdictions. The federal regulatory
structure cannot timely investigate and sanction the unfair or
deceptive actions of debt collectors on a nationwide basis or
timely address the actions of the debt collector and the
aggrieved California debtor. Indeed, by terms of the Fair Debt
Collection Practices Act, the federal regulatory agency, the
Federal Trade Commission, is expressly prohibited from
promulgating trade regulation rules or other regulations with
respect to the collection of debts by debt collectors.
(3) While the Fair Debt Collection Practices Act (15 U.S.C.
Sec. 1692 et seq.) does permit a direct right of action by a
debtor under its provisions, the debtor is the very person who
is least likely to have available resources to pursue a remedy
under those federal statutes. The provisions of this title are
intended to provide a comprehensive statutory structure to
protect the interests of California businesses and debtors.
(4) It is the purpose of this section to protect California
debtors from the unfair or deceptive practices and to require
California creditors or creditors doing business in California
to conform their conduct to the purpose and spirit of the
protections accorded California citizens under the statutes
which regulate the activities of debt collectors in California.

(b) It shall be an unfair or deceptive practice, subject to
the remedies provided in Section 1788.30, for a creditor or a
debt collector, or the agent or assignee of either of them,
doing business in this state to assign a consumer debt of a
debtor domiciled in this state to a debt collector outside of
this state unless that debt collector, as a condition of
collecting a debt in this state, agrees to conform to the
protections of this title.
(c) It shall be conclusively presumed that the protections of
this title are circumvented when (1) the debtor resides in this
state, (2) the creditor creating the consumer debt does
business in this state, and (3) the debt collector to which the
consumer debt is assigned for collection does not agree to abide
by the protections accorded to California debtors under this
title.
(d) Any person contacting a debtor, directly or indirectly,
when the debtor is domiciled in this state and which person
contacting the debtor has as a primary or secondary object,
business, or pursuit, the collection of consumer debts owed or
due or asserted to be owed or due to a creditor doing business
in this state, whether the collection effort is directed at the
debtor or some secondary source of payment from the debtor,
shall be deemed to be doing business in this state and subject
to the provisions of this title.
(e) It shall be an unfair or deceptive practice, subject to
the remedies provided in Section 1788.30, for a creditor or a
debt collector, or an agent or assignee of either of them, doing
business in this state, when assigning a consumer debt of a
debtor domiciled in this state to a debt collector outside of
this state, not to complete and provide the following written
notice, in boldface type, to the debtor at the time the account
is assigned to the debt collector:

"YOUR CONSUMER DEBT HAS BEEN ASSIGNED TO A DEBT COLLECTION
AGENCY WHICH IS OUTSIDE OF THE STATE OF CALIFORNIA AND WHICH HAS
AGREED TO CONFORM TO THE ROBBINS-ROSENTHAL FAIR DEBT COLLECTION
PRACTICES ACT. THIS CALIFORNIA STATUTE IS DESIGNED TO PROTECT
CALIFORNIA BUSINESSES AND CALIFORNIA CONSUMERS FROM UNFAIR AND
DECEPTIVE PRACTICES.
THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE DEBT COLLECTOR
TO WHICH YOUR ACCOUNT HAS BEEN ASSIGNED IS AS FOLLOWS:

__________________________________
Debt Collector's Name
__________________________________
Street Address
__________________________________
City, State ZIP Code

( )_____________________________
Telephone Number of Debt Collector

THE DEBT COLLECTION AGENCY IS REGULATED BY THE FEDERAL TRADE
COMMISSION PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION
PRACTICES ACT. THAT FEDERAL ACT PROHIBITS THE USE OF ABUSIVE,
DECEPTIVE, OR UNFAIR DEBT COLLECTION PRACTICES BY DEBT
COLLECTORS. YOU HAVE SUBSTANTIAL PROTECTIONS UNDER THE FEDERAL
LAW. YOU SHOULD CONTACT THE FEDERAL TRADE COMMISSION AT THE
FOLLOWING TELEPHONE NUMBER IF YOU BELIEVE THAT YOUR RIGHTS ARE
BEING ADVERSELY AFFECTED OR THAT YOU ARE BEING SUBJECTED TO
ABUSIVE, DECEPTIVE, OR UNFAIR DEBT COLLECTION PRACTICES:
(___)____.
ALTERNATIVELY, YOU MAY WRITE TO THE FEDERAL TRADE COMMISSION
IF YOU BELIEVE THAT YOUR RIGHTS ARE BEING ADVERSELY AFFECTED BY
THE DEBT COLLECTOR TO WHICH THIS ACCOUNT HAS BEEN ASSIGNED OR
THAT YOU ARE BEING SUBJECTED TO ABUSIVE, DECEPTIVE, OR UNFAIR
DEBT COLLECTION PRACTICES AT THE FOLLOWING ADDRESS:
FEDERAL TRADE COMMISSION
FAIR DEBTS COLLECTIONS PRACTICES ACT ENFORCEMENT.
__________________________________
Street Address
__________________________________ "
City, State ZIP Code

(f) It shall be an unfair or deceptive act for a creditor or
a debt collector, or an agent or assignee of either of them,
doing business in this state, when assigning a consumer debt to
a debt collector outside of this state, to (1) fail to complete
fully and accurately the notice required by subdivision (e), (2)
fail to verify that the information contained in the written
notice required by subdivision (e) is accurate at the time the
notice is provided to the debtor, or (3) fail to provide to the
debtor, within 10 business days of receiving written notice from
the debtor that the information in the notice required by
subdivision (e) is not complete or accurate, an accurate and
complete notice required by subdivision (e).
For purposes of this subdivision, the 10 business days shall
be calculated from (1) the date of the postmark on the envelope
addressed to the creditor or debt collector, or agent or
assignee of either of them, which has assigned the consumer's
debt to a debt collector outside this state, or (2) if the
envelope is lost by the creditor or debt collector, or the agent
or assignee of either of them, which has assigned the consumer'
s debt to a debt collector outside this state, the
10-business-day period shall be computed from the date specified
in any copy of the written notice to the creditor or a debt
collector, or an assignee of either of them, to which the letter
is addressed, and in either case, allowing five additional
calendar days for delivery by mail.