Maryland 2022 Regular Session

Maryland House Bill HB111 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0111
9	6
10	7		HOUSE BILL 111
11	8		D3, F2, I3 2lr0815
12		-	HB 26/21 – APP & JUD (PRE–FILED) ~~CF SB 732~~
	9	+	HB 26/21 – APP & JUD (PRE–FILED)
13	10		By: Delegate Lopez
14	11		Requested: October 19, 2021
15	12		Introduced and read first time: January 12, 2022
16	13		Assigned to: Appropriations and Judiciary
17		-	Committee Report: Favorable with amendments
18		-	House action: Adopted
19		-	Read second time: March 2, 2022
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Action to Collect a Private Education Loan – Required Documents 2
26	20
27	21		FOR the purpose of prohibiting private education lenders and private education loan 3
28	22		collectors from initiating a certain action unless the private education lenders or 4
29	23		private education loan collectors possess certain documents; requiring a private 5
30	24		education lender or private education loan collector to introduce certain information 6
31	25		in a certain action; requiring a private education loan collector to provide certain 7
32	26		information to a student loan borrower in a certain communication and on request 8
33	27		of the student loan borrower; and generally relating to documents required in an 9
34	28		action to collect a private education loan. 10
35	29
36	30		BY adding to 11
37	31		Article – Courts and Judicial Proceedings 12
38	32		Section 5–1301 through 5–1304 to be under the new subtitle “Subtitle 13. Action to 13
39	33		Collect a Private Education Loan” 14
40	34		Annotated Code of Maryland 15
41	35		(2020 Replacement Volume and 2021 Supplement) 16
42	36
43	37		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
44	38		That the Laws of Maryland read as follows: 18
45	39
46	40		Article – Courts and Judicial Proceedings 19
47	41
48		-	SUBTITLE 13. ACTION TO COLLECT A PRIVATE EDUCATION LOAN. 20 2 HOUSE BILL 111
	42	+	SUBTITLE 13. ACTION TO COLLECT A PRIVATE EDUCATION LOAN. 20
	43	+
	44	+	5–1301. 21
	45	+
	46	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 22
	47	+	INDICATED. 23 2 HOUSE BILL 111
49	48
50	49
51	50
52		-	5–1301. 1
	51	+	(B) (1) “COSIGNER” MEANS AN INDIVIDUAL WHO IS LIABLE FOR TH E 1
	52	+	OBLIGATION OF ANOTHE R WITHOUT COMPENSATI ON, REGARDL ESS OF HOW THE 2
	53	+	INDIVIDUAL IS DESIGN ATED IN THE AGREEMEN T WITH RESPECT TO TH AT 3
	54	+	OBLIGATION. 4
53	55
54		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
55		-	INDICATED. 3
	56	+	(2) “COSIGNER” INCLUDES: 5
56	57
57		-	(B) (1) “COSIGNER” MEANS AN INDIVIDUAL WHO IS LIABLE FOR TH E 4
58		-	OBLIGATION OF ANOTHE R WITHOUT COMPENSATION , REGARDLESS OF HOW TH E 5
59		-	INDIVIDUAL IS DESIGN ATED IN THE AGREEMEN T WITH RESPECT TO TH AT 6
60		-	OBLIGATION. 7
	58	+	(I) AN INDIVIDUAL WHO IS LIABLE FOR AN OBLIGA TION UNDER 6
	59	+	A PRIVATE EDUCATION LOAN EXTENDED TO CON SOLIDATE A BORROWER ’S 7
	60	+	PREEXISTING PRIV ATE EDUCATION LOANS ; AND 8
61	61
62		-	(2) “COSIGNER” INCLUDES: 8
	62	+	(II) AN INDIVIDUAL WHOSE S IGNATURE IS REQUESTE D AS A 9
	63	+	CONDITION TO GRANT C REDIT OR TO FORBEAR FROM COLLECTION . 10
63	64
64		-	(I) AN INDIVIDUAL WHO IS LIABLE FOR AN OBLIGA TION UNDER 9
65		-	A PRIVATE EDUCATION LOAN EXTENDED TO CON SOLIDATE A BORROWER ’S 10
66		-	PREEXISTING PRIVATE EDUCATION LOANS ; AND 11
	65	+	(3) “COSIGNER” DOES NOT INCLUDE THE SPOUSE OF AN INDIVID UAL 11
	66	+	UNDER PARAGRAPH (1) OF THIS SUBSECTION . 12
67	67
68		-	(II) AN INDIVIDUAL WHOSE S IGNATURE IS REQUESTE D AS A 12
69		-	CONDITION TO GRANT C REDIT OR TO FORBEAR FROM COLLECTION . 13
	68	+	(C) (1) “CREDITOR” MEANS: 13
70	69
71		-	(3) ~~“COSIGNER” DOES NOT INCLUDE~~ THE ~~SPOUSE~~ OF ~~AN INDIVID UAL~~ 14
72		-	~~UNDER PARAGRAPH (1) OF THIS SUBSECTION.~~ 15
	70	+	(I) THE ORIGINAL CREDITOR , IF OWNERSHIP OF A PR IVATE 14
	71	+	EDUCATION LOAN HAS N OT BEEN SOLD, ASSIGNED, OR TRANSFERRED ; 15
73	72
74		-	(C) (1) “CREDITOR” MEANS: 16
	73	+	(II) THE PERSON, NONDEPOSITORY INSTIT UTION, OR TRUST 16
	74	+	ENTITY THAT OWNED THE PRIVA TE EDUCATION LOAN AT THE TIME THE PRIVATE 17
	75	+	EDUCATION LOAN DEFAU LTED, EVEN IF THE PERSON , NONDEPOSITORY 18
	76	+	INSTITUTION, OR TRUST ENTITY DID NOT ORIGINATE TH E PRIVATE EDUCATION 19
	77	+	LOAN IF THE PRIVATE EDUCATION LOAN WAS N OT SUBSEQUENTLY SOLD , 20
	78	+	TRANSFERRED , OR ASSIGNED; OR 21
75	79
76		-	(I) THE ORIGINAL CREDITOR , IF OWNERSHIP OF A PR IVATE 17
77		-	EDUCATION LOAN HAS N OT BEEN SOLD, ASSIGNED, OR TRANSFERRED ; 18
	80	+	(III) A PERSON, NONDEPOS ITORY INSTITUTION , OR TRUST 22
	81	+	ENTITY THAT PURCHASED A DEF AULTED PRIVATE EDUCA TION LOAN FOR 23
	82	+	COLLECTION PURPOSES , REGARDLESS OF WHETHE R THE PERSON, NONDEPOSITORY 24
	83	+	INSTITUTION, OR TRUST ENTITY : 25
78	84
79		-	(II) THE PERSON, NONDEPOSITORY INSTIT UTION, OR TRUST 19
80		-	ENTITY THAT OWNED THE PRIVA TE EDUCATION LOAN AT THE TIME THE PRIVATE 20
81		-	EDUCATION LOAN DEFAU LTED, EVEN IF THE PERSON , NONDEPOSITORY 21
82		-	INSTITUTION, OR TRUST ENTITY DID NOT ORIGINATE TH E PRIVATE EDUCATION 22
83		-	LOAN IF THE PRIVATE EDUCATION LOAN WAS N OT SUBSEQUENTLY SOLD , 23
84		-	TRANSFERRED , OR ASSIGNED; OR 24
	85	+	1. COLLECTED THE PRIVATE EDUCATION LOAN ; 26
85	86
86		-	(III) A PERSON, NONDEPOSITORY INSTIT UTION, OR TRUST 25
87		-	ENTITY THAT PURCHASED A DEF AULTED PRIVATE EDUCA TION LOAN FOR 26
88		-	COLLECTION PURPOSES , REGARDLESS OF WHETHE R THE PERSON, NONDEPOSITORY 27
89		-	INSTITUTION, OR TRUST ENTITY : 28
	87	+	2. HIRED A THIRD PARTY TO COLLECT THE PRIVATE 27
	88	+	EDUCATION LOAN ; OR 28
90	89
91		-	1. ~~COLLECTED THE PRIVATE EDUCATION LOAN ;~~ 29
	90	+	3. HIRED AN ATTORNEY FOR COLLECTION LITIGATIO N. 29
92	91
93		-	2. HIRED A THIRD PARTY T O COLLECT THE PRIVAT E 30
94		-	EDUCATION LOAN ; OR 31 HOUSE BILL 111 3
	92	+	(2) “CREDITOR” DOES NOT INCLUDE : 30
	93	+	HOUSE BILL 111 3
	94	+
	95	+
	96	+	(I) A BANK AS DEFINED IN T HE FEDERAL DEPOSIT INSURANCE 1
	97	+	ACT; OR 2
	98	+
	99	+	(II) A FEDERAL CREDIT UNION OR STATE CREDIT UNIO N AS 3
	100	+	THOSE TERMS ARE DEFI NED IN THE FEDERAL CREDIT UNION ACT. 4
	101	+
	102	+	(D) “ORIGINAL CREDITOR ” MEANS THE PRIVATE ED UCATION LENDER 5
	103	+	IDENTIFIED IN THE PR OMISSORY NOTE , LOAN AGREEMENT , OR LOAN CONTRACT 6
	104	+	ENTERED INTO WITH A STUDENT LOAN BORROWE R OR COSIGNER . 7
	105	+
	106	+	(E) (1) “PRIVATE EDUCATION LEN DER” MEANS: 8
	107	+
	108	+	(I) A PERSON, NONDEPOSITORY INSTIT UTION, OR TRUST 9
	109	+	ENTITY ENGAGED IN THE BUSIN ESS OF SECURING , MAKING, OR EXTENDING PRIVATE 10
	110	+	EDUCATION LOANS ; OR 11
	111	+
	112	+	(II) A HOLDER OF A PRIVATE EDUCATION LOAN . 12
	113	+
	114	+	(2) “PRIVATE EDUCATION LENDER” DOES NOT INCLUDE : 13
	115	+
	116	+	(I) A BANK AS DEFINED IN T HE FEDERAL DEPOSIT INSURANCE 14
	117	+	ACT; OR 15
	118	+
	119	+	(II) A FEDERAL CREDIT UNION OR STATE CREDIT UNIO N AS 16
	120	+	THOSE TERMS ARE DEFI NED IN THE FEDERAL CREDIT UNION ACT. 17
	121	+
	122	+	(F) “PRIVATE EDUCATION LOA N” MEANS AN EXTENSION OF CREDIT THAT : 18
	123	+
	124	+	(1) IS NOT MADE, INSURED, OR GUARANTEED UNDER TITLE IV OF 19
	125	+	THE HIGHER EDUCATION ACT OF 1965; 20
	126	+
	127	+	(2) IS EXTENDED TO A CONS UMER EXPRESSLY , WHOLLY OR PARTLY , 21
	128	+	FOR POSTSECONDARY ED UCATIONAL EXPENSES , REGARDLESS OF WHETHE R THE 22
	129	+	LOAN IS PROVIDED BY THE INSTITUTION T HAT THE STUDENT ATTE NDS; 23
	130	+
	131	+	(3) DOES NOT INCLUDE OPEN –END CREDIT OR ANY LO AN THAT IS 24
	132	+	SECURED BY REAL PROP ERTY OR A DWELLING ; AND 25
	133	+
	134	+	(4) DOES NOT INCLUDE AN E XTENSION OF CREDIT I N WHICH THE 26
	135	+	COVERED INSTITUTION IS THE CREDITOR IF: 27
	136	+
	137	+	(I) THE TERM OF THE EXTEN SION OF CREDIT IS NO T MORE 28
	138	+	THAN 90 DAYS; OR 29
	139	+	4 HOUSE BILL 111
	140	+
	141	+
	142	+	(II) AN INTEREST RATE WILL NOT BE APPLIED TO TH E CREDIT 1
	143	+	BALANCE AND THE TERM OF THE EXTENSION OF CREDIT IS NOT MORE T HAN 1 YEAR, 2
	144	+	EVEN IF THE CREDIT I S PAYABLE IN MORE TH AN FOUR INSTALLM ENTS. 3
	145	+
	146	+	(G) “PRIVATE EDUCATION LOA N COLLECTION ACTION ” MEANS A JUDICIAL 4
	147	+	ACTION IN WHICH A CL AIM IS ASSERTED TO C OLLECT A PRIVATE EDU CATION LOAN. 5
	148	+
	149	+	(H) (1) “PRIVATE EDUCATION LOA N COLLECTOR ” MEANS A PERSON , 6
	150	+	NONDEPOSITORY INSTIT UTION, OR TRUST ENTITY THAT COLLECTS OR ATTEMPTS T O 7
	151	+	COLLECT ON A DEFAULT ED PRIVATE EDUCATION LOAN. 8
	152	+
	153	+	(2) “PRIVATE EDUCATION LOA N COLLECTOR ” DOES NOT INCLUDE : 9
	154	+
	155	+	(I) A BANK AS DEFINED IN T HE FEDERAL DEPOSIT INSURANCE 10
	156	+	ACT; OR 11
	157	+
	158	+	(II) A FEDERAL CREDIT UNION OR STATE CREDIT UNIO N AS 12
	159	+	THOSE TERMS ARE DEFI NED IN THE FEDERAL CREDIT UNION ACT. 13
	160	+
	161	+	(I) “STUDENT LOAN BORROWER ” MEANS AN INDIVIDUAL WHO RECEIVES OR 14
	162	+	AGREES TO PAY A PRIV ATE EDUCATION LOAN . 15
	163	+
	164	+	5–1302. 16
	165	+
	166	+	(A) A PRIVATE EDUCATION LE NDER OR A PRIVATE ED UCATION LOAN 17
	167	+	COLLECTOR MAY NOT IN ITIATE A PRIVATE EDUCAT ION LOAN COLLECTION ACTION 18
	168	+	UNLESS THE PRIVATE E DUCATION LENDER OR P RIVATE EDUCATION LOA N 19
	169	+	COLLECTOR POSSESSES ALL OF THE DOCUMENTS DESCRIBED UNDER SUBS ECTION 20
	170	+	(B)(3) OF THIS SECTION. 21
	171	+
	172	+	(B) (1) THIS SUBSECTION APPLI ES: 22
	173	+
	174	+	(I) TO A PRIVATE EDUCATION LOAN COLLE CTION ACTION , 23
	175	+	INCLUDING A SMALL CL AIM ACTION UNDER § 4–405 OF THIS ARTICLE , THAT IS 24
	176	+	MAINTAINED BY A PRIV ATE EDUCATION LENDER OR A PRIVATE EDUCATI ON LOAN 25
	177	+	COLLECTOR; AND 26
	178	+
	179	+	(II) REGARDLESS OF THE LEG AL STATUS OF THE TRU ST’S 27
	180	+	TRUSTEE. 28
	181	+
	182	+	(2) IN ADDITION TO ANY OT HER PROVISION OF LAW , A COURT MAY 29
	183	+	NOT ENTER A JUDGMENT IN FAVOR OF A PRIVAT E EDUCATION LENDER O R A 30
	184	+	PRIVATE EDUCATION LO AN COLLECTOR UNLESS THE PRIVATE EDUCATIO N LENDER 31
	185	+	OR PRIVATE EDUCATION LOAN COLLECTOR INTRO DUCES INTO EVIDENCE THE 32 HOUSE BILL 111 5
	186	+
	187	+
	188	+	DOCUMENTS SPECIFIED IN PARAGRAPH (3) OF THIS SUBSECTION I N ACCORDANCE 1
	189	+	WITH THE RULES OF EV IDENCE APPLICABLE TO ACTIONS THAT ARE NOT SMALL 2
	190	+	CLAIMS ACTIONS BROUG HT UNDER § 4–405 OF THIS ARTICLE. 3
	191	+
	192	+	(3) THE PRIVATE EDUCATION LENDER OR PRIVATE ED UCATION LOAN 4
	193	+	COLLECTOR SHALL INTR ODUCE THE FOLLOWING EVIDENCE IN A PRIVAT E 5
	194	+	EDUCATION LOAN COLLE CTION ACTION: 6
	195	+
	196	+	(I) THE NAME OF THE OWNER OF THE PRIVATE EDUCA TION 7
	197	+	LOAN; 8
	198	+
	199	+	(II) THE ORIGINAL CREDITOR ’S NAME AT THE TIME O F 9
	200	+	DEFAULT, IF APPLICABLE; 10
	201	+
	202	+	(III) IF THE ORIGINAL CREDITOR USED AN ACCOUNT NUMBER AT 11
	203	+	THE TIME OF DEFAULT , THE LAST FOUR DIGITS OF THE ORIGINAL CREDITO R’S 12
	204	+	ACCOUNT NUMBER ; 13
	205	+
	206	+	(IV) THE AMOUNT DUE AT DEF AULT; 14
	207	+
	208	+	(V) AN ITEMIZATION OF INT EREST AND FEES , IF ANY, 15
	209	+	INCURRED AFTER DEFAU LT THAT ARE CLAIMED TO BE OWED AND WHETHER THE 16
	210	+	INTEREST AND FEES WE RE IMPOSED BY THE OR IGINAL CREDITOR OR B Y 17
	211	+	SUBSEQUENT OWNERS OF THE PRIVATE EDUCATIO N LOAN; 18
	212	+
	213	+	(VI) A RECORD OF THE DATE T HAT THE PRIVATE EDUC ATION 19
	214	+	LOAN WAS INCURRED ; 20
	215	+
	216	+	(VII) A RECORD OF THE DATE O F THE FIRST PARTIAL PAYMENT 21
	217	+	OR THE DATE THAT A P AYMENT WAS FIRST MIS SED, WHICHEVER IS EARLIER ; 22
	218	+
	219	+	(VIII) A RECORD OF THE DATE A ND AMOUNT OF THE LAS T 23
	220	+	PAYMENT, IF APPLICABLE; 24
	221	+
	222	+	(IX) ANY PAYMENTS , SETTLEMENT , OR FINANCIAL 25
	223	+	REMUNERATION OF ANY KIND PAID TO THE CRE DITOR BY A GUARANTOR , COSIGNER, 26
	224	+	OR SURETY, AND THE AMOUNT OF TH E PAYMENT RECEIVED ; 27
	225	+
	226	+	(X) A COPY OF THE SELF –CERTIFICATION FORM A ND ANY 28
	227	+	OTHER NEEDS ANALYSIS CONDUCTED BY THE ORI GINAL CREDITOR BEFOR E THE 29
	228	+	ORIGINATION OF THE L OAN, REDACTED TO WITHHOLD THE STUDENT LOAN 30
	229	+	BORROWER ’S SOCIAL SECURITY NUMBER , ALL BUT THE LAST FOU R DIGITS OF THE 31
	230	+	STUDENT LOAN BORROWE R’S ACCOUNT NUMBER , AND ANY OTHER PERSON AL 32
	231	+	IDENTIFYING INFORMAT ION; 33 6 HOUSE BILL 111
95	232
96	233
97	234
98		-	3. HIRED AN ATTORNEY FOR COLLECTION LITIGATIO N. 1
	235	+	(XI) IF APPLICABLE, THE NAMES OF ALL PER SONS THAT OWNED 1
	236	+	THE PRIVATE EDUCATIO N LOAN AFTER THE TIME OF DEFAULT AND THE DATE OF 2
	237	+	EACH SALE OR TRANSFE R OF THE LOAN; 3
99	238
100		-	(2) “CREDITOR” DOES NOT INCLUDE : 2
	239	+	(XII) A RECORD OF ALL COLLEC TION ATTEMPTS MADE I N THE 4
	240	+	IMMEDIATELY PRECEDIN G 12 MONTHS, INCLUDING THE DATE A ND TIME OF ALL 5
	241	+	COMMUNICATIONS , IF APPLICABLE; 6
101	242
102		-	(I) A ~~BANK AS DEFINED IN~~ T HE ~~FEDERAL DEPOSIT INSURANCE 3~~
103		-	~~ACT~~; ~~OR 4~~
	243	+	(XIII) A STATEMENT BY T HE CREDITOR INDICATI NG WHETHER 7
	244	+	THE CREDITOR IS WILL ING TO RENEGOTIATE T HE TERMS OF THE DEBT ; 8
104	245
105		-	(II) A FEDERAL CREDIT UNIO N OR STATE CREDIT UN ION AS 5
106		-	THOSE TERMS ARE DEFI NED IN THE FEDERAL CREDIT UNION ACT. 6
	246	+	(XIV) 1. COPIES OF ALL SETTLEM ENT COMMUNICATIONS 9
	247	+	MADE IN THE IMMEDIAT ELY PRECEDING 12 MONTHS, REDACTED TO WITHHOLD THE 10
	248	+	STUDENT LOAN BORROWE R’S SOCIAL SECURITY NUMBER, ALL BUT THE LAST FOU R 11
	249	+	DIGITS OF THE STUDEN T LOAN BORROWER ’S ACCOUNT NUMBER , AND ANY OTHER 12
	250	+	PERSONAL IDENTIFYING INFORMATION ; OR 13
107	251
108		-	~~(D) “ORIGINAL~~ ~~CREDITOR ” MEANS~~ THE ~~PRIVATE ED UCATION LENDER 7~~
109		-	~~IDENTIFIED IN~~ THE ~~PR OMISSORY NOTE , LOAN AGREEMENT , OR LOAN CONTRACT 8~~
110		-	~~ENTERED INTO WITH A STUDENT~~ LOAN ~~BORROWE R OR COSIGNER.~~ 9
	252	+	2. A STATEMENT THAT THE C REDITOR HAS NOT 14
	253	+	ATTEMPTED TO SETTLE OR OTHERWISE RENEGOT IATE THE DEBT BEFORE FILING 15
	254	+	THE PRIVATE EDUCATION LOAN COLLECTION ACTION ; 16
111	255
112		-	(E) (1) “PRIVATE EDUCATION LEN DER” MEANS: 10
	256	+	(XV) 1. DOCUMENTATION ESTABLI SHING THAT THE 17
	257	+	CREDITOR IS THE OWNE R OF THE SPECIFIC IN DIVIDUAL PRIVATE EDU CATION LOAN 18
	258	+	AT ISSUE; AND 19
113	259
114		-	(I) A PERSON, NONDEPOSITORY INSTIT UTION, OR TRUST 11
115		-	ENTITY ENGAGED IN THE BUSIN ESS OF SECURING , MAKING, OR EXTENDING PRIVATE 12
116		-	EDUCATION LOANS ; OR 13
	260	+	2. IF THE PRIVATE EDUCAT ION LOAN WAS ASSIGNE D 20
	261	+	MORE THAN ONCE , A RECORD OF EACH ASSIGNMENT OR OTHER WRITING, NOT 21
	262	+	INCLUDING A WRITING PREPARED IN ANTICIPA TION OF LITIGATION , INDICATING 22
	263	+	THE TRANSFER OF OWNE RSHIP OF THE INDIVID UAL PRIVATE EDUCATIO N LOAN 23
	264	+	BEGINNING WITH THE O RIGINAL CREDITOR AND ENDING WITH THE MOST RECENT 24
	265	+	ADDITIONAL CRED ITOR, INCLUDING: 25
117	266
118		-	(II) A HOLDER OF A PRIVATE EDUCATION LOAN . 14
	267	+	A. THE ORIGINAL CREDITOR ’S ACCOUNT NUMBER , 26
	268	+	REDACTED TO SHOW ONL Y THE LAST FOUR DIGI TS, FOR THE PRIVATE EDUC ATION 27
	269	+	LOAN PURCHASED OR OT HERWISE ASSIGNED ; 28
119	270
120		-	~~(2) “PRIVATE~~ ~~EDUCATION LEN DER”~~ ~~DOES NOT INCLUDE : 15~~
	271	+	B. THE DATE OF PURCHASE AND ASSIGNMENT ; AND 29
121	272
122		-	(I) A BANK AS DEFINED IN T HE FEDERAL DEPOSIT INSURANCE 16
123		-	ACT; OR 17
124		-
125		-	(II) A FEDERAL CREDIT UNION OR STATE CREDIT UNIO N AS 18
126		-	THOSE TERMS ARE DEFI NED IN THE FEDERAL CREDIT UNION ACT. 19
127		-
128		-	(F) “PRIVATE EDUCATION LOA N” MEANS AN EXTENSION O F CREDIT THAT: 20
129		-
130		-	(1) IS NOT MADE, INSURED, OR GUARANTEED UNDER TITLE IV OF 21
131		-	THE HIGHER EDUCATION ACT OF 1965; 22
132		-
133		-	(2) IS EXTENDED TO A CONS UMER EXPRESSLY , WHOLLY OR PARTLY , 23
134		-	FOR POSTSECONDARY ED UCATIONAL EXPENSES , REGARDLESS OF WHETHE R THE 24
135		-	LOAN IS PROVIDED BY THE INSTITUTION THAT THE STUDENT ATTENDS ; 25
136		-
137		-	(3) DOES NOT INCLUDE OPEN –END CREDIT OR ANY LO AN THAT IS 26
138		-	SECURED BY REAL PROP ERTY OR A DWELLING ; AND 27
139		-
140		-	(4) DOES NOT INCLUDE AN E XTENSION OF CREDIT I N WHICH THE 28
141		-	COVERED INSTITUTION IS THE CREDITOR IF: 29 4 HOUSE BILL 111
142		-
143		-
144		-
145		-	(I) THE TERM OF THE EXTEN SION OF CREDIT IS NO T MORE 1
146		-	THAN 90 DAYS; OR 2
147		-
148		-	(II) AN INTEREST RATE WILL NOT BE APPLIED TO TH E CREDIT 3
149		-	BALANCE AND THE TERM OF THE EXTENSION OF CREDIT IS NOT MORE T HAN 1 YEAR, 4
150		-	EVEN IF THE CREDIT I S PAYABLE IN MO RE THAN FOUR INSTALL MENTS. 5
151		-
152		-	(G) “PRIVATE EDUCATION LOA N COLLECTION ACTION ” MEANS A JUDICIAL 6
153		-	ACTION IN WHICH A CL AIM IS ASSERTED TO C OLLECT A PRIVATE EDU CATION LOAN. 7
154		-
155		-	(H) (1) “PRIVATE EDUCATION LOA N COLLECTOR ” MEANS A PERSON , 8
156		-	NONDEPOSITORY INSTIT UTION, OR TRUST ENTITY THAT COLLECTS OR ATT EMPTS TO 9
157		-	COLLECT ON A DEFAULT ED PRIVATE EDUCATION LOAN. 10
158		-
159		-	(2) “PRIVATE EDUCATION LOA N COLLECTOR ” DOES NOT INCLUDE : 11
160		-
161		-	(I) A BANK AS DEFINED IN T HE FEDERAL DEPOSIT INSURANCE 12
162		-	ACT; OR 13
163		-
164		-	(II) A FEDERAL CREDIT UNION OR STATE CREDIT UNION A S 14
165		-	THOSE TERMS ARE DEFI NED IN THE FEDERAL CREDIT UNION ACT. 15
166		-
167		-	(I) “STUDENT LOAN BORROWER ” MEANS AN INDIVIDUAL WHO RECEIVES OR 16
168		-	AGREES TO PAY A PRIV ATE EDUCATION LOAN . 17
169		-
170		-	5–1302. 18
171		-
172		-	(A) A PRIVATE EDUCATION LE NDER OR A PRIVATE ED UCATION LOAN 19
173		-	COLLECTOR MAY NOT INI TIATE A PRIVATE EDUC ATION LOAN COLLECTIO N ACTION 20
174		-	UNLESS THE PRIVATE E DUCATION LENDER OR P RIVATE EDUCATION LOA N 21
175		-	COLLECTOR POSSESSES ALL OF THE DOCUMENTS DESCRIBED UNDER SUBS ECTION 22
176		-	(B)(3) OF THIS SECTION. 23
177		-
178		-	(B) (1) THIS SUBSECTION APPLIES: 24
179		-
180		-	(I) TO A PRIVATE EDUCATION LOAN COLLECTION ACTI ON, 25
181		-	INCLUDING A SMALL CL AIM ACTION UNDER § 4–405 OF THIS ARTICLE , THAT IS 26
182		-	MAINTAINED BY A PRIV ATE EDUCATION LENDER OR A PRIVATE EDUCATI ON LOAN 27
183		-	COLLECTOR; AND 28
184		-
185		-	(II) REGARDLESS OF THE LEG AL STATUS OF THE TRUST ’S 29
186		-	TRUSTEE. 30
187		-	HOUSE BILL 111 5
188		-
189		-
190		-	(2) IN ADDITION TO ANY OT HER PROVISION OF LAW , A COURT MAY 1
191		-	NOT ENTER A JUDGMENT IN FAVOR OF A PRIVAT E EDUCATION LENDER O R A 2
192		-	PRIVATE EDUCATION LO AN COLLECTOR UNLESS THE PRIVATE EDUCATIO N LENDER 3
193		-	OR PRIVATE EDUCATION LOAN COLLECTO R INTRODUCES INTO EV IDENCE THE 4
194		-	DOCUMENTS SPECIFIED IN PARAGRAPH (3) OF THIS SUBSECTION I N ACCORDANCE 5
195		-	WITH THE RULES OF EV IDENCE APPLICABLE TO ACTIONS THAT ARE NOT SMALL 6
196		-	CLAIMS ACTIONS BROUG HT UNDER § 4–405 OF THIS ARTICLE. 7
197		-
198		-	(3) THE PRIVATE EDUCATION LENDER OR PRIVATE EDUCAT ION LOAN 8
199		-	COLLECTOR SHALL INTR ODUCE THE FOLLOWING EVIDENCE IN A PRIVAT E 9
200		-	EDUCATION LOAN COLLE CTION ACTION: 10
201		-
202		-	(I) THE NAME OF THE OWNER OF THE PRIVATE EDUCA TION 11
203		-	LOAN; 12
204		-
205		-	(II) THE ORIGINAL CREDITOR ’S NAME AT THE TIME O F 13
206		-	DEFAULT, IF APPLICABLE; 14
207		-
208		-	(III) IF THE ORIGINAL CREDI TOR USED AN ACCOUNT NUMBER AT 15
209		-	THE TIME OF DEFAULT , THE LAST FOUR DIGITS OF THE ORIGINAL CREDITO R’S 16
210		-	ACCOUNT NUMBER ; 17
211		-
212		-	(IV) THE AMOUNT DUE AT DEF AULT; 18
213		-
214		-	(V) AN ITEMIZATION OF INT EREST AND FEES , IF ANY, 19
215		-	INCURRED AFTER DEFAULT THAT ARE CLA IMED TO BE OWED AND WHETHER THE 20
216		-	INTEREST AND FEES WE RE IMPOSED BY THE OR IGINAL CREDITOR OR B Y 21
217		-	SUBSEQUENT OWNERS OF THE PRIVATE EDUCATIO N LOAN; 22
218		-
219		-	(VI) A RECORD OF THE DATE T HAT THE PRIVATE EDUC ATION 23
220		-	LOAN WAS INCURRED ; 24
221		-
222		-	(VII) A RECORD OF THE DATE OF TH E FIRST PARTIAL PAYM ENT 25
223		-	OR THE DATE THAT A P AYMENT WAS FIRST MIS SED, WHICHEVER IS EARLIER ; 26
224		-
225		-	(VIII) A RECORD OF THE DATE A ND AMOUNT OF THE LAS T 27
226		-	PAYMENT, IF APPLICABLE; 28
227		-
228		-	(IX) ANY PAYMENTS , SETTLEMENT , OR FINANCIAL 29
229		-	REMUNERATION OF ANY KIND PAID TO THE CREDITOR BY A GUARAN TOR, COSIGNER, 30
230		-	OR SURETY, AND THE AMOUNT OF TH E PAYMENT RECEIVED ; 31
231		-
232		-	(X) A COPY OF THE SELF –CERTIFICATION FORM A ND ANY 32
233		-	OTHER NEEDS ANALYSIS CONDUCTED BY THE ORI GINAL CREDITOR BEFOR E THE 33 6 HOUSE BILL 111
234		-
235		-
236		-	ORIGINATION OF THE L OAN, REDACTED TO WITHHOLD TH E STUDENT LOAN 1
237		-	BORROWER ’S SOCIAL SECURITY NUMBER , ALL BUT THE LAST FOU R DIGITS OF THE 2
238		-	STUDENT LOAN BORROWE R’S ACCOUNT NUMBER , AND ANY OTHER PERSON AL 3
239		-	IDENTIFYING INFORMAT ION; 4
240		-
241		-	(XI) IF APPLICABLE, THE NAMES OF ALL PER SONS THAT OWNED 5
242		-	THE PRIVATE EDUCATION LOAN AFTER THE TIME OF DEFAULT AND THE D ATE OF 6
243		-	EACH SALE OR TRANSFE R OF THE LOAN; 7
244		-
245		-	(XII) A RECORD OF ALL COLLEC TION ATTEMPTS MADE I N THE 8
246		-	IMMEDIATELY PRECEDIN G 12 MONTHS, INCLUDING THE DATE A ND TIME OF ALL 9
247		-	COMMUNICATIONS , IF APPLICABLE; 10
248		-
249		-	(XIII) A STATEMENT BY THE CRE DITOR INDICATING WHE THER 11
250		-	THE CREDITOR IS WILL ING TO RENEGOTIATE T HE TERMS OF THE DEBT ; 12
251		-
252		-	(XIV) 1. COPIES OF ALL SETTLEM ENT COMMUNICATIONS 13
253		-	MADE IN THE IMMEDIAT ELY PRECEDING 12 MONTHS, REDACTED TO WITHHOLD THE 14
254		-	STUDENT LO AN BORROWER ’S SOCIAL SECURITY NUMBER , ALL BUT THE LAST FOU R 15
255		-	DIGITS OF THE STUDEN T LOAN BORROWER ’S ACCOUNT NUMBER , AND ANY OTHER 16
256		-	PERSONAL IDENTIFYING INFORMATION ; OR 17
257		-
258		-	2. A STATEMENT THAT THE C REDITOR HAS NOT 18
259		-	ATTEMPTED TO SETTLE OR OTHERWISE RENEGOT IATE THE DEBT BEFORE FILI NG 19
260		-	THE PRIVATE EDUCATIO N LOAN COLLECTION AC TION; 20
261		-
262		-	(XV) 1. DOCUMENTATION ESTABLI SHING THAT THE 21
263		-	CREDITOR IS THE OWNE R OF THE SPECIFIC IN DIVIDUAL PRIVATE EDU CATION LOAN 22
264		-	AT ISSUE; AND 23
265		-
266		-	2. IF THE PRIVATE EDUCAT ION LOAN WAS ASSIGNE D 24
267		-	MORE THAN ONCE , A RECORD OF EACH ASS IGNMENT OR OTHER WRI TING, NOT 25
268		-	INCLUDING A WRITING PREPARED IN ANTICIPA TION OF LITIGATION , INDICATING 26
269		-	THE TRANSFER OF OWNE RSHIP OF THE INDIVID UAL PRIVATE EDUCATIO N LOAN 27
270		-	BEGINNING WITH THE O RIGINAL CREDITOR AND ENDING WITH T HE MOST RECENT 28
271		-	ADDITIONAL CREDITOR , INCLUDING: 29
272		-
273		-	A. THE ORIGINAL CREDITOR ’S ACCOUNT NUMBER , 30
274		-	REDACTED TO SHOW ONL Y THE LAST FOUR DIGI TS, FOR THE PRIVATE EDUC ATION 31
275		-	LOAN PURCHASED OR OT HERWISE ASSIGNED ; 32
276		-
277		-	B. THE DATE OF PURCHASE AND ASSIGNMENT ; AND 33
	273	+	C. THE STUDENT LOAN BORROWER ’S CORRECT NAME 30
	274	+	ASSOCIATED WITH THE ORIGINAL ACCOUNT NUM BER; 31
278	275		HOUSE BILL 111 7
279	276
280	277
281		-	C. THE STUDENT LOAN BORR OWER’S CORRECT NAME 1
282		-	ASSOCIATED WITH THE ORIGINAL ACCOUNT NUM BER; 2
	278	+	(XVI) 1. A COPY OF ALL PAGES OF THE CONTRACT , 1
	279	+	APPLICATION, OR OTHER DOCUMENT EV IDENCING THE STUDENT LOAN 2
	280	+	BORROWER ’S LIABILITY FOR THE PRIVATE EDUCATION LO AN THAT: 3
283	281
284		-	(XVI) 1. A COPY OF ALL PAGES OF THE CONTRACT , 3
285		-	APPLICATION, OR OTHER DOCUMENT EV IDENCING THE STUDENT LOAN 4
286		-	BORROWER ’S LIABILITY FOR THE PRIVATE EDUCATION LO AN THAT: 5
	282	+	A. STATES ALL TERMS AND CONDITIONS APPLICABLE TO 4
	283	+	THE PRIVATE EDUCATIO N LOAN; AND 5
287	284
288		-	A. STATES ALL TERMS AND CONDIT IONS APPLICABLE TO 6
289		-	THE PRIVATE EDUCATIO N LOAN; AND 7
	285	+	B. IS REDACTED TO WITHHO LD THE STUDENT LOAN 6
	286	+	BORROWER ’S SOCIAL SECURITY NUMBER , ALL BUT THE LAST FOU R DIGITS OF THE 7
	287	+	STUDENT LOAN BORROWE R’S ACCOUNT NUMBER , AND ANY OTHER PERSON AL 8
	288	+	IDENTIFYING INFORMATION ; OR 9
290	289
291		-	B. IS REDACTED TO WITHHO LD THE STUDENT LOAN 8
292		-	BORROWER ’S SOCIAL SECURITY NUMBER , ALL BUT THE LAST FOU R DIGITS OF THE 9
293		-	STUDENT LOAN BORROWE R’S ACCOUNT NUMBER , AND ANY OTHER PERSONAL 10
294		-	IDENTIFYING INFORMAT ION; OR 11
	290	+	2. IF A SIGNED CONTRACT , APPLICATION, OR OTHER 10
	291	+	DOCUMENT EVIDENCING THE STUDENT LOAN BOR ROWER’S LIABILITY DOES NOT 11
	292	+	EXIST, A COPY OF A DOCUMENT PROVIDED TO THE STUDENT LOAN BORROWER 12
	293	+	BEFORE THE DEFAULT D EMONSTRATING THAT TH E PRIVATE EDUCATION LOAN WAS 13
	294	+	INCURRED BY THE STUD ENT LOAN BORROWER THAT: 14
295	295
296		-	2. IF A SIGNED CONTRACT , APPLICATION, OR OTHER 12
297		-	DOCUMENT EVIDENCING THE STUDENT LOAN BOR ROWER’S LIABILITY DOES NOT 13
298		-	EXIST, A COPY OF A DOCUMENT PROVIDED TO THE STUDENT LOAN BORROWER 14
299		-	BEFORE THE DEFAULT D EMONSTRA TING THAT THE PRIVAT E EDUCATION LOAN WAS 15
300		-	INCURRED BY THE STUD ENT LOAN BORROWER THAT: 16
	296	+	A. INCLUDES ALL TERMS AND CONDIT IONS APPLICABLE 15
	297	+	TO THE PRIVATE EDUCA TION LOAN; AND 16
301	298
302		-	A. INCLUDES ALL TERMS AND CONDIT IONS APPLICABLE 17
303		-	TO THE PRIVATE EDUCA TION LOAN; AND 18
	299	+	B. IS REDACTED TO WITHHO LD THE STUDENT LOAN 17
	300	+	BORROWER ’S SOCIAL SECURITY NUMBER , ALL BUT THE LAST FOU R DIGITS OF THE 18
	301	+	STUDENT LOAN BORROWE R’S ACCOUNT NUMBER , AND ANY OTHER PERSON AL 19
	302	+	IDENTIFYING INFORMAT ION; 20
304	303
305		-	B. IS REDACTED TO WITHHO LD THE STUDENT LOAN 19
306		-	BORROWER ’S SOCIAL SECURITY NUMBER , ALL BUT THE LAST FOU R DIGITS OF THE 20
307		-	STUDENT LOAN BORROWE R’S ACCOUNT NUMBER , AND ANY OTHER PERSON AL 21
308		-	IDENTIFYING INFORMAT ION; 22
	304	+	(XVII) AN AFFIDAVIT STATING THAT A REPRESENTATIV E OF THE 21
	305	+	CREDITOR: 22
309	306
310		-	(XVII) AN AFFIDAVIT STATING THAT A REPRESENTATIV E OF THE 23
311		-	CREDITOR: 24
	307	+	1. PERSONALLY REVIEWED T HE EVIDENCE SUBMITTE D 23
	308	+	TO THE COURT IN ACCO RDANCE WITH THIS SUBSECTION FOR FACTUAL ACCURACY ; 24
	309	+	AND 25
312	310
313		-	1. PERSONALLY REVIEWED T HE EVIDENCE SUBMITTE D 25
314		-	TO THE COURT IN ACCORDANCE WITH THIS SUBSECTION FOR FACTUAL ACCURACY ; 26
315		-	AND 27
	311	+	2. CONFIRMED THE FACTUAL ACCURACY OF : 26
316	312
317		-	2. ~~CONFIRMED~~ THE ~~FACTUAL ACCURACY OF : 28~~
	313	+	A. THE ALLEGATIONS SET F ORTH IN THE COMPLAIN T; 27
318	314
319		-	A. THE ALLEGATIONS SET F ORTH IN THE COMPLAIN T; 29
	315	+	B. ANY SUPPORTING AFFIDA VITS OR AFFIRMATIONS 28
	316	+	FILED WITH THE COURT ; AND 29
320	317
321		-	B. ANY ~~SUPPORTING AFFIDA VITS OR AFFIRMATIONS~~ 30
322		-	FILED ~~WITH~~ THE COURT ; ~~AND~~ 31
	318	+	C. ANY NOTARIZATIONS CON TAINED IN THE 30
	319	+	SUPPORTING DOCUMENTS FILED TO THE COURT ; 31
323	320		8 HOUSE BILL 111
324	321
325	322
326		-	~~C. ANY NOTARI ZATIONS CONTAINED IN THE~~ 1
327		-	~~SUPPORTING DOCUMENTS FILED TO THE COURT~~ ; 2
	323	+	(XVIII) AN AFFIDAVIT STATING COMPLIANCE WITH § 5–1303 1
	324	+	OF THIS SUBTITLE; 2
328	325
329		-	(~~XVIII~~) AN ~~AFFIDAVIT STATING COMPLIANCE WITH § 5–1303~~ 3
330		-	~~OF THIS SUBTITLE~~; 4
	326	+	(XIX) A STATEMENT AS TO WHET HER A DEBT IS ELIGIB LE FOR AN 3
	327	+	INCOME–BASED REPAYMENT PLAN ; 4
331	328
332		-	(~~XIX~~) A STATEMENT AS TO WHET HER A DEBT IS ~~ELIGIB LE FOR AN~~ 5
333		-	~~INCOME–BASED REPAYMENT PLAN~~ ; 6
	329	+	(XX) A STATEMENT AS TO WHET HER THE DEBT IS ABLE TO BE 5
	330	+	DISCHARGED IN BANKRU PTCY; AND 6
334	331
335		-	(XX) A STATEMENT AS TO WHETHER THE DE BT IS ABLE TO BE 7
336		-	DISCHARGED IN BANKRU PTCY; AND 8
	332	+	(XXI) AN AFFIDAVIT STATING : 7
337	333
338		-	(XXI) AN AFFIDAVIT STATING : 9
	334	+	1. THE DATE ON WHICH THE PRIVATE EDUCATION 8
	335	+	LENDER OR PRIVATE ED UCATION LOAN COLLECT OR HAS A GOOD FAITH BELIEF 9
	336	+	THAT THE APPLICABLE STATUTE OF LIMITATIO NS WILL EXPIRE; AND 10
339	337
340		-	1. THE DATE ON WHICH THE PRIVATE EDUCATION 10
341		-	LENDER OR PRIVATE ED UCATION LOAN COLLECT OR HAS A GOOD FAITH BELIEF 11
342		-	THAT THE APPLICABLE STATUTE OF LIMITATIO NS WILL EXPIRE; AND 12
	338	+	2. THAT THE PRIVATE EDUCATIO N LENDER OR PRIVATE 11
	339	+	EDUCATION LOAN COLLE CTOR HAS NOT INITIAT ED THE PRIVATE EDUCATION LO AN 12
	340	+	COLLECTION ACTION AF TER THE APPLICABLE S TATUTE OF LIMITATION S HAS 13
	341	+	EXPIRED. 14
343	342
344		-	2. THAT THE PRIVATE EDUCATIO N LENDER OR PRIVATE 13
345		-	EDUCATION LOAN COLLE CTOR HAS NOT INITIAT ED THE PRIVATE EDUCATION LO AN 14
346		-	COLLECTION ACTION AF TER THE APPLICABLE S TATUTE OF LIMITATION S HAS 15
347		-	EXPIRED. 16
	343	+	5–1303. 15
348	344
349		-	5–1303. 17
	345	+	(A) A PRIVATE EDUCATION LO AN COLLECTOR SHALL P ROVIDE T HE 16
	346	+	INFORMATION DESCRIBE D UNDER § 5–1302(B)(3)(I) THROUGH (XXI) OF THIS 17
	347	+	SUBTITLE IN THE FIRS T COLLECTION COMMUNI CATION WITH THE STUD ENT LOAN 18
	348	+	BORROWER AND ON REQU EST OF THE STUDENT L OAN BORROWER . 19
350	349
351		-	(A) A ~~PRIVATE EDUCATION LO AN COLLECTOR SHALL PROV IDE THE 18~~
352		-	~~INFORMATION DESCRIBE D UNDER § 5–1302(B)(3)(I) THROUGH (XXI)~~ OF ~~THIS 19~~
353		-	~~SUBTITLE IN THE FIRS T COLLECTION COMMUNI CATION WITH THE STUD ENT LOAN 20~~
354		-	~~BORROWER AND ON REQU EST~~ OF THE ~~STUDENT L OAN BORROWER~~ . 21
	350	+	(B) FAILURE TO PRODUCE TO A STUDENT LOAN BORRO WER, ON REQUES T 20
	351	+	OF THE STUDENT LOAN BORROWER , THE DOCUMENTATION DE SCRIBED IN 21
	352	+	SUBSECTION (A) OF THIS SECTION IS A N UNFAIR, ABUSIVE, OR DECEPTIVE TRADE 22
	353	+	PRACTICE UNDER § 13–301 OF THE COMMERCIAL LAW ARTICLE. 23
355	354
356		-	(B) FAILURE TO PRODUCE TO A STUDENT LOAN BORROWER , ON REQUEST 22
357		-	OF THE STUDENT LOAN BORROWER , THE DOCUMENTATION DE SCRIBED IN 23
358		-	SUBSECTION (A) OF THIS SECTION IS A N UNFAIR, ABUSIVE, OR DECEPTIVE TRADE 24
359		-	PRACTICE UNDER § 13–301 OF THE COMMERCIAL LAW ARTICLE. 25
	355	+	5–1304. 24
360	356
361		-	5–1304. 26
	357	+	(A) A PERSON THAT SUFFERS DAMAGE AS A RESULT O F THE FAILURE OF A 25
	358	+	CREDITOR TO COMPLY W ITH § 5–1302(B)(3) OF THIS SUBTITLE MAY BRING AN 26
	359	+	ACTION AGAINST THE C REDITOR TO RECOVER O R OBTAIN THE FOLLOWI NG: 27
362	360
363		-	(A) A PERSON THAT SUFFERS DAMAGE AS A RESULT OF T HE FAILURE OF A 27
364		-	CREDITOR TO COMPLY W ITH § 5–1302(B)(3) OF THIS SUBTITLE MAY BRING AN 28
365		-	ACTION AGAINST THE C REDITOR TO RECOVER O R OBTAIN THE FOLLOWI NG: 29
	361	+	(1) AN ORDER VACATING ANY DEFAULT JUDGMENT ENT ERED 28
	362	+	AGAINST THE PERSON ; 29
366	363
367		-	(1) AN ORDER VACATING ANY DEFAULT JUDGMENT ENT ERED 30
368		-	AGAINST THE PERSON ; 31
	364	+	(2) A JUDGMENT IN FAVOR OF THE PERSON; 30
369	365		HOUSE BILL 111 9
370	366
371	367
372		-	(2) A JUDGMENT IN FAVOR OF THE PERSON; 1
	368	+	(3) ACTUAL DAMAGES IN AN AMOUNT NOT LESS THAN $500 PER 1
	369	+	PERSON, PER VIOLATION; 2
373	370
374		-	(3) ~~ACTUAL DAMAGES IN AN AMOUNT NOT LESS THAN $500~~ ~~PER 2~~
375		-	PERSON~~, PER VIOLATION~~; 3
	371	+	(4) RESTITUTION OF ALL MO NEY TAKEN FROM OR PA ID BY THE 3
	372	+	PERSON AFTER A JUDGM ENT WAS OBTAINED BY A CREDITOR; 4
376	373
377		-	(4) RESTITUTION OF ALL MO NEY TAKEN FROM OR PA ID BY THE 4
378		-	PERSON AFTER A JUDGM ENT WAS OBTAINED BY A CREDITOR; 5
	374	+	(5) PUNITIVE DAMAGES ; 5
379	375
380		-	(5) ~~PUNITIVE DAMAGES~~ ; 6
	376	+	(6) ATTORNEY’S FEES; 6
381	377
382		-	(6) ~~ATTORNEY~~’S ~~FEES~~; AND 7
	378	+	(7) CORRECTION OF THE PER SON’S CREDIT REPORT ; AND 7
383	379
384		-	(7) ~~CORRECTION OF~~ THE ~~PER SON’S CREDIT REPORT ; AND~~ 8
	380	+	(8) ANY OTHER RELIEF THAT THE COURT CONSIDERS PROPER. 8
385	381
386		-	(8) ANY OTHER RELIEF THAT THE COURT CONSIDERS PROPER. 9
	382	+	(B) IN ADDITION TO ANY JU DGMENT UNDER SUBSECT ION (A) OF THIS 9
	383	+	SECTION, IF A CREDITOR OR COU NSEL REPRESENTING A CREDITOR WILLFULLY 10
	384	+	FILED AN AFFIDAVIT R EQUIRED UNDER THIS TITL E CONTAINING FALSE 11
	385	+	INFORMATION , THE COURT MAY AWARD TREBLE ACTUAL DAMAGE S TO THE PERSON 12
	386	+	IN AN AMOUNT NOT LES S THAN $1,500 PER PERSON FOR EACH VIOLATION. 13
387	387
388		-	(B) IN ADDITION TO ANY JU DGMENT UNDER SUBSECT ION (A) OF THIS 10
389		-	SECTION, IF A CREDITOR OR COU NSEL REPRESENTING A CREDITOR WILLFULLY 11
390		-	FILED AN AFFIDAVIT R EQUIRED UNDER THIS T ITLE CONTAINING FALS E 12
391		-	INFORMATION , THE COURT MAY AWARD TREBLE ACTUAL DAMAGE S TO THE PERSON 13
392		-	IN AN AMOUNT NOT LES S THAN $1,500 PER PERSON FOR EACH VIOLATION. 14
393		-
394		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
395		-	October 1, 2022. 16
	388	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
	389	+	October 1, 2022. 15
396	390
397	391
398		-
399		-
400		-	Approved:
401		-	________________________________________________________________________________
402		-	Governor.
403		-	________________________________________________________________________________
404		-	Speaker of the House of Delegates.
405		-	________________________________________________________________________________
406		-	President of the Senate.