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State Financial Regulator Moves Forward to License California Debt Collectors

Calif. — The Department of Financial Protection and Innovation (DFPI) has
announced that all debt collectors operating in California can now apply to be
licensed by the Department, representing the first step in increased state
oversight that will include an assessment of applications, formal examinations,
and protections for California consumers. Debt collectors, debt buyers, and
debt collection attorneys operating in the state may now submit their license applications online

the Nationwide Multistate Licensing System (NMLS).


The recently
enacted Debt Collection Licensing Act (DCLA), which was passed in the state
Legislature last year as SB 908, requires that all debt collectors submit a
license application prior to Jan. 1, 2022, to continue operating in California
next year.


The new law
also authorizes the DFPI to take in borrowers’ complaints and enforce
violations. It will give consumers a single location to check whether companies
are licensed, and whether they have been subject to any enforcement actions,
including license suspensions or revocations.


“This is a win
for California consumers and positions us alongside a growing number of states
who offer direct oversight of the industry,” said DFPI Senior Deputy
Commissioner of the Consumer Financial Protection Division Suzanne
Martindale.  “The Department will now have the authority to review
financial information from prospective licensees, conduct formal examinations,
and pursue legal action against those whose engage in unfair, deceptive, or
abusive acts or practices or violate California’s fair debt collection laws.”


California is
one of sixteen states that do not currently license debt collectors. The
recently enacted law aligns California with dozens of other states requiring
licensing and examination. The application is available through the NMLS as
of Sept. 1. The application requires debt collectors to submit
financial and other information electronically. 


Americans held
more than $13 trillion in debt even before the COVID-19 outbreak and
unemployment soared. Debt collection and debt buying industries have been
historically criticized for their aggressive practices. Despite federal and
state fair debt collection laws having been in place for many years, collection
practices consistently remain a top consumer complaint.


From July 2011
to March 2018, the federal Consumer Financial Protection Bureau received more
than 400,000 debt collection complaints, representing nearly one-third of all
complaints received. The most common concerns identified by consumers were
attempts to collect a debt not owed (39%), written notification about debt
(17%), and communication tactics (17%). California accounted for 50,181 of the
total complaints received by CFPB during this period. 


Any debt collector collecting debt in the state of
California must submit an application on or
before Friday, Dec.  31, 2021. Once a debt collector has
submitted an application, they may continue operating as a debt
collector in California while the application is
pending.  If an application is submitted after this date,
the applicant will be required to wait for the issuance of a license before
they can continue to operate in the state.  


The DFPI is
expecting to license thousands of entities over the next two years.
For further information about debt collectors’ licensing
requirements please refer to the DFPI’s Debt Collectors web page 
and FAQs. A checklist of requirements for the license application is also available on NMLS. To avoid missing important updates, interested parties are strongly encouraged to check the  DFPI website periodically and subscribe to the DFPI’s email subscription service.


In addition to
debt collectors, the DFPI licenses and regulates state-chartered banks and
credit unions, commodities and investment advisers, money transmitters,
mortgage servicers, the offer and sale of securities and franchises,
broker-dealers, nonbank installment lenders, Property Assessed Clean Energy
(PACE) program administrators, student-loan servicers, escrow companies, debt
relief companies, rent-to-own contractors, credit repair companies, consumer
credit reporting companies, and more.

Source: on 2021-09-01 13:05:18

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