RMAI Comments on Proposed California Consumer Privacy Act Regulations

SACRAMENTO, Calif. -- The California Consumer Privacy Act of 2018 (CCPA) is the most anticipated privacy law of the decade. In an attempt to seemingly double down on the European Union’s 2016 General Data Protection Regulation (GDPR), the hastily drafted, hotly contested CCPA, is considered one of the strictest privacy laws in the United States. It takes effect on January 1, 2020, and has wrapped businesses in a swathe of new terms, ambiguous requirements and hefty penalties. 

To remedy the vagaries of the statute, the Office of the California Attorney General (AG), charged with writing CCPA regulations, hosted a number of public hearings to gather input from all stakeholders and invited comments from interested parties about the proposed CCPA regulations. The comment period closed on December 6, 2019. The Receivables Management Association International (RMAI), having closely monitored the legislation since it was signed into law on June 28, 2018, filed 17 pages of compelling, well-reasoned, comments regarding the proposed CCPA regulations. 

RMAI’s comments address numerous issues stemming from the proposed regulations. Among others, the most pertinent issues include: 

• Lack of definitive requirements to determine with certainty whether and when the CCPA applies to a particular business; 
• Overly broad definition of “sale of personal information”, such that the mere sale or transfer of an account or obligation to pay which includes personal information may be deemed a sale of personal information under the CCPA; 
• Lack of adequate guidance regarding language translation requirements for legally required consumer disclosures; 
• Dearth of guidance as to the accessibility standards required for consumer notices and disclosures presented via: website; oral in person and telephone conversations, printed forms, paper versions and signage; 
• Absence of a sample, uniform collection notice consumers can readily understand, and which businesses can follow in order to satisfy compliance with the CCPA when communicating with consumers about the debt; 
• Lack of guidance regarding consumer consent, notice, right to delete, right to opt-out; and 
• Conflicts between the CCPA and the Fair Debt Collection Practices Act so material that compliance with one is a virtual certainty of a violation of the other. 

RMAI’s comments represent many hours of analysis by its members and their keen understanding of the interplay among numerous Federal consumer protection statutes with the CCPA. As the international leader in promoting strong and ethical business practices within the receivables management industry, RMAI remains committed to advancing fair and balanced legislation for the benefit of its members and consumers alike. A copy of RMAI’s comments is available here. 

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About Receivables Management Association International

Receivables Management Association International (RMAI) is a nonprofit trade association that represents more than 500 companies that purchase or support the purchase of performing and nonperforming receivables on the secondary market. The Receivables Management Certification Program and Code of Ethics set the global standard within the receivables industry due to its rigorous uniform industry standards of best practice which focuses on the protection of the consumer. 

More information about RMAI is available at www.rmaintl.org.