The bill expands the scope of the Rosenthal Fair Debt Collection Practices Act (RFDCPA). The purpose of the original bill was to set regulations about how debt collectors are allowed to recover debt and communicate with debtors. It states that debt collectors are forbidden from “engaging in unfair or deceptive acts or practices in the collection of consumer debts.” The RFDCPA is similar to the Fair Debt Collections Practices Act (FDCPA), but the RFDCPA applies to both third-party collectors and businesses collecting debts in their own name.
Bill 1286 expands upon that act. Now, credit managers and third-party debt collectors in California or selling to Californian customers must follow the same regulations for commercial debts that they already do for consumer debts. The new law also provides further protection for small businesses, which supporters of the law say are very needed. “They say that small business owners are being unfairly harassed and threatened by debt collectors, preventing them from achieving success in their business,” says Ash Arnett, NACM’s Washington Representative.