Bills

AB 2228: Collateral recovery: notice.

  • Session Year: 2023-2024
  • House: Assembly

Current Status:

Failed

(2024-05-29: Referred to Com. on B., P. & E. D.)

Introduced

First Committee Review

First Chamber

Second Committee Review

Second Chamber

Enacted

Version:

The Collateral Recovery Act, a violation of which is punishable as a misdemeanor, provides for the licensure and regulation of repossession agencies by the Bureau of Security and Investigative Services under the supervision and control of the Director of Consumer Affairs. Existing law requires licensees to serve a debtor with a specified notice of seizure after the recovery of collateral by the licensee by regular mail addressed to the last known address of the debtor or by personal service at the option of the repossession agency.

This bill would authorize the notice to instead be given by regular mail addressed to the current address of the debtor, if known, or by personal service, or by email, if known, at the option of the repossession agency.

Existing law requires the notice to include, among other things, a disclosure of the charges payable by the debtor to the repossession agency for the storage of the collateral and personal effects from the date of repossession until release of the property from storage.This bill would prohibit any of those disclosed charges from being determined by any entity other than the repossession agency. The bill would also require that any charges payable by the debtor to the repossession agency for the storage of the collateral and personal effects from the date of repossession until release of the property from storage and the disclosure of those changes be confidential. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

Discussed in Hearing

Assembly Standing Committee on Judiciary59SEC
Apr 23, 2024

Assembly Standing Committee on Judiciary

Assembly Standing Committee on Business and Professions5MIN
Apr 9, 2024

Assembly Standing Committee on Business and Professions

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