The Oregon Attorney General announced yesterday that the Senate had passed House Bill 2356, clearing the way for the legislation to go to the Governor for her signature.
HB 2356 would ensure that lawsuits filed against Oregonians by debt buyers (or debt collectors on behalf of debt buyers) are accurate and include this information:
- The original creditor’s name
- A way to contact the new debt buyer
- The last four digits of the original creditor’s account
- The date and amount of the last payment
- An itemized list of charges and fees imposed
Under the bill, consumers may also ask the debt collector for documents to prove that they owe the debt. The debt collector then must stop collection until they produce the documents within 30 days. This bill would also make it a violation to file a lawsuit knowing that the debt is past the statute of limitations.
According to the annoucement, the bill was the product of work by the Oregon Department of Justice, Representative Paul Holvey, the Oregon Law Center, the Debt Collector’s Association, Encore, the Oregon Judicial Department, and the Oregon Department of Consumer and Business Services.
In case you missed it, several states have passed new debt collection and/or debt buying laws this year. Here are some of the others:
Colorado puts all its laws through a regular "sunset" review, to make sure the law is still necessary and fulfilling the needs of Colorado voters/consumers. The points we outlined in an April story remain true for Colorado's Fair Debt Collection Practices Act. Colorado's FDCPA is up for another sunset review in 2028.
West Virginia has also made some changes to its Consumer and Credit Protection act -- specifically:
- excluding attorneys from the definition of “debt collector” under certain circumstances
- changing the time period where direct contact with a consumer must cease after receipt of notice of representation from seventy-two hours to three business days
- establishing means of notice to a debt collector of a consumer’s representation by legal counsel
- requiring notice of representation to a debt collector be sent by certified mail, return receipt requested