Text: SR00020 Text: SR00022 Text: SR00000 - SR00099 Text: SR Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 SENATE RESOLUTION NO. ___
1 2 BY BOLKCOM
1 3 A Resolution requesting the Legislative Council to
1 4 authorize a legislative interim study of debt
1 5 collection practices provisions of the Iowa Consumer
1 6 Credit Code.
1 7 WHEREAS, there is a lack of public awareness
1 8 regarding an individual's rights under the Iowa Debt
1 9 Collection Practices Act (IDCPA) and this lack of
1 10 awareness has resulted in relatively few cases being
1 11 filed under that law, and a resulting unfamiliarity
1 12 among the judiciary regarding the law, the types of
1 13 abuse that commonly occur, and the prevalence of such
1 14 abuse; and
1 15 WHEREAS, the serious misdemeanor criminal penalty,
1 16 civil penalty, and civil damage provisions of the
1 17 IDCPA have not been updated in more than 15 years and
1 18 are now insufficient to deter creditors and collection
1 19 agencies from committing violations; and
1 20 WHEREAS, the IDCPA should be revised to address the
1 21 technological advances that have occurred since the
1 22 law's passage which allow creditors and collection
1 23 agencies to have more ready access to debtors; and
1 24 WHEREAS, the IDCPA should be revised to address
1 25 current practices of credit card companies and
1 26 collection agencies in regard to collection tactics,
1 27 training practices, and internal controls and
1 28 regulations; and
1 29 WHEREAS, it may be appropriate to shift the burden
1 30 of proving a violation to require greater
2 1 responsibility on the part of creditors and collection
2 2 agencies in order to increase the law's effectiveness
2 3 and encourage greater compliance; and
2 4 WHEREAS, the applicability of the current law and
2 5 of any future legislation regarding debt collection to
2 6 out-of-state creditors and collection agencies should
2 7 be examined, with the office of the attorney general
2 8 consulted regarding the applicability and any
2 9 constitutional concerns that may arise from that
2 10 applicability; NOW THEREFORE,
2 11 BE IT RESOLVED BY THE SENATE, That the Legislative
2 12 Council is requested to create a legislative study
2 13 committee to review Iowa requirements for debt
2 14 collection practices under the Iowa Debt Collection
2 15 Practices Act of the Consumer Credit Code during the
2 16 2003 interim.
2 17 LSB 2689XS 80
2 18 jp/pj/5
Text: SR00020 Text: SR00022 Text: SR00000 - SR00099 Text: SR Index Bills and Amendments: General Index Bill History: General Index
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