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Financial Services Law Insights and Observations

California governor signs legislation on identity theft

State Issues California Debt Collection State Legislation Privacy/Cyber Risk & Data Security Identity Theft

State Issues

On September 23, California’s governor signed AB 430, which requires a debt collector to pause collection activities until completion of a review if the debt collector receives a copy of an FTC identity theft report and a written statement from the debtor. Among other things, the bill: (i) alters the definition of “victim of identity theft” to include individuals who submit FTC identity theft reports; (ii) authorizes a debtor to send a copy of a police report, as specified, but prohibits a debt collector from also requiring a police report if the debtor submits an FTC identity theft report; and (iii) requires that “in order for a person to recover actual damages or attorney’s fees in an action or cross-complaint filed by a person alleging that they are a victim of identity theft, that the person, upon written request of the claimant, provided the claimant a valid, signed FTC identity theft report before filing the action or within their cross-complaint, as specified.”