ACA Details State Legislative Action

Several states have passed or are working on legislation that affects the accounts receivables industry, trade group ACA International reports in its August State Legislative Update.

California – A bill addresses notification of the consumer when her personal data is lost or stolen. Assembly Bill 779 would require that the consumer be given a description of the categories of personal information that was or may have been acquired, a toll free number or email address of the agency, person or business where the data was lost or stolen, and contact information of the major credit bureaus. In some instances, a notice of the loss or theft would be sent to the state’s Office of Privacy protection.

The bill was passed by the State Assembly in June and is scheduled to be heard today by the Senate Appropriations Committee.

New York – The state considered two proposals on identity theft with Gov. Eliot Spitzer vetoing one and signing the second into law. The new law, Senate Bill 5541, states that a victim of identity theft may initiate a law enforcement investigation of a theft by contacting a local agency where the offense took place, whether the defendant was present in that location or not.

Spitzer vetoed a bill that would have established an identity theft unit under the state’s Consumer Protection Board.

Louisiana – Gov. Kathleen Babineaux Blanco signed House Bill 308 that provides that the collection of an open account may be brought in the parish where the open account was created or where the services forming the basis of the open account were performed or where the debtor lives.

Oregon – Governor Ted Kulongoski signed a bill that spells out the use of automated dialing and announcing devices in the state. Senate Bill 863 includes the provision that a caller may not use such a device unless it disconnects within 10 seconds after a subscriber terminates the call. Violators of the bill’s provisions are subject to civil penalties up to $5,000 per violation.