Vermont 2025-2026 Regular Session

Vermont House Bill H0385 Compare Versions

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11 BILL AS INTRODUCED H.385
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55 VT LEG #379078 v.4
66 H.385 1
77 Introduced by Representatives Graning of Jericho, Arsenault of Williston, 2
88 Bluemle of Burlington, Bosch of Clarendon, Boutin of Barre 3
99 City, Burke of Brattleboro, Carris-Duncan of Whitingham, 4
1010 Chapin of East Montpelier, Cina of Burlington, Cordes of 5
1111 Bristol, Dodge of Essex, Duke of Burlington, Holcombe of 6
1212 Norwich, Hooper of Burlington, Krasnow of South Burlington, 7
1313 Lalley of Shelburne, LaLonde of South Burlington, Logan of 8
1414 Burlington, McCann of Montpelier, McGill of Bridport, 9
1515 Micklus of Milton, Minier of South Burlington, Nugent of 10
1616 South Burlington, Olson of Starksboro, Priestley of Bradford, 11
1717 Sibilia of Dover, Sweeney of Shelburne, and White of Bethel 12
1818 Referred to Committee on 13
1919 Date: 14
2020 Subject: Finance; creditors; debtors; coerced debt; remedies 15
2121 Statement of purpose of bill as introduced: This bill proposes to prohibit 16
2222 coerced debt and provide protections and remedies for victims of coerced debt. 17
2323 An act relating to remedies and protections for victims of coerced debt 18 BILL AS INTRODUCED H.385
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2727 VT LEG #379078 v.4
2828 It is hereby enacted by the General Assembly of the State of Vermont: 1
2929 Sec. 1. 9 V.S.A. chapter 63, subchapter 13 is added to read: 2
3030 Subchapter 13. Coerced Debt 3
3131 § 2495a. DEFINITIONS 4
3232 As used in this subchapter: 5
3333 (1) “Abuse” has the same meaning provided in 15 V.S.A. § 1101(1). 6
3434 (2) “Adequate documentation” means: 7
3535 (A) a police report that identifies the coerced debt, or a portion 8
3636 thereof, and describes the circumstances under which the coerced debt was 9
3737 incurred; 10
3838 (B) a Federal Trade Commission identity theft report; 11
3939 (C) an order from a court of competent jurisdiction setting forth 12
4040 findings of coerced debt; 13
4141 (D) a sworn written certification from a qualified third-party 14
4242 professional; or 15
4343 (E) any other document that demonstrates a person was subject to 16
4444 coerced debt and that supports a debtor’s statement of coerced debt. 17
4545 (3) “Coerced debt” means all or a portion of debt in a debtor’s name 18
4646 that: 19
4747 (A) has been incurred as a result of: 20 BILL AS INTRODUCED H.385
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5151 VT LEG #379078 v.4
5252 (i) the use of the debtor’s personal information without the 1
5353 debtor’s knowledge, authorization, or consent; 2
5454 (ii) the use or threat of force, intimidation, undue influence, fraud, 3
5555 deception, coercion, or other similar means against the debtor; or 4
5656 (iii) economic abuse perpetrated against the debtor; and 5
5757 (B) was not subject to a final judgment in an action for dissolution of 6
5858 marriage or a collection matter that occurred prior to the debtor requesting the 7
5959 creditor to cease all collection efforts against the debtor for such debt. 8
6060 (4) “Creditor” means a person, or the person’s successor, assignee, or 9
6161 agent, claiming to own or have the right to collect a debt owed by the debtor. 10
6262 (5) “Debtor” means a person who: 11
6363 (A) is a survivor of domestic abuse, economic abuse, or human 12
6464 trafficking; and 13
6565 (B) owes coerced debt. 14
6666 (6) “Economic abuse” means behavior in the context of a domestic 15
6767 relationship that controls, restrains, restricts, impairs, or interferes with the 16
6868 ability of a debtor to acquire, use, or maintain economic resources, including: 17
6969 (A) withholding or restricting access to, or the acquisition of, money, 18
7070 assets, credit, or financial information; 19
7171 (B) interfering with the debtor’s ability to work and earn wages; or 20 BILL AS INTRODUCED H.385
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7575 VT LEG #379078 v.4
7676 (C) exerting undue influence over the debtor’s financial and 1
7777 economic behavior or decisions. 2
7878 (7) “Human trafficking” has the same meaning provided in 13 V.S.A. 3
7979 § 2652 or 2653. 4
8080 (8) “Perpetrator of coerced debt” means an individual who causes or is 5
8181 alleged to have caused coerced debt to be incurred by another. 6
8282 (9) “Qualified third-party professional” means: 7
8383 (A) an officer of the court or law enforcement personnel; 8
8484 (B) a licensed staff member of a program that provides assistance to 9
8585 persons regarding domestic violence, sexual assault, stalking, human 10
8686 trafficking or abuse of children, older adults, or dependent adults, and who has 11
8787 relevant training or expertise; or 12
8888 (C) a licensed attorney or a health care provider as defined in 18 13
8989 V.S.A. § 9402(7). 14
9090 (10) “Statement of coerced debt” means a statement made by a debtor to 15
9191 a creditor orally or in writing that includes: 16
9292 (A) identification of the debt, or portion of the debt alleged to be 17
9393 coerced debt; 18
9494 (B) if available, a description of the circumstances under which the 19
9595 coerced debt was allegedly incurred; 20 BILL AS INTRODUCED H.385
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9999 VT LEG #379078 v.4
100100 (C) a statement by the debtor disclosing that the debtor did not 1
101101 willingly authorize the use of the debtor’s name or personal information to 2
102102 incur such debt; 3
103103 (D) any information known by the debtor, including account 4
104104 information or credit card information and the name of the individual in whose 5
105105 name such debt was incurred; 6
106106 (E) the identity of the perpetrator of the coerced debt and, if known, 7
107107 contact information for the perpetrator, unless the debtor signs a sworn 8
108108 statement that disclosing such information is likely to result in abuse to the 9
109109 debtor or any immediate family member of the debtor; and 10
110110 (F) the debtor’s preferred contact method and information such as a 11
111111 telephone number, email address, physical address, or safe address for either 12
112112 the debtor or a third party whom the debtor designates to receive information 13
113113 about the coerced debt., which shall be specified by the debtor in writing. 14
114114 (11) “Sworn written certification” means a statement by a qualified 15
115115 third-party professional in the following form: 16
116116 CERTIFICATION OF QUALIFIED THIRD-PARTY PROFESSIONAL 17
117117 I, .................... (name of qualified third-party professional), do hereby 18
118118 certify under penalty of perjury as follows: 19 BILL AS INTRODUCED H.385
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122122 VT LEG #379078 v.4
123123 1. I am a qualified third-party professional as defined in 9 V.S.A. 1
124124 § 2495a(9) who has had in-person contact or face-to-face contact through an 2
125125 electronic medium with .................... (name of debtor). 3
126126 2. Based on my professional interactions with the debtor and 4
127127 information presented to me in my professional capacity, I have a reasonable 5
128128 basis to believe .................... (name of debtor) is a survivor of domestic abuse, 6
129129 domestic assault, stalking, or human trafficking and has incurred all or a 7
130130 portion of debt that is coerced debt. 8
131131 3. Based on my professional interactions with the debtor and on 9
132132 information presented to me, I have reason to believe that the circumstances 10
133133 under which the coerced debt was incurred are as follows: 11
134134 4. The following debts or portions of the debts have been identified to 12
135135 me as coerced: 13
136136 I attest that the foregoing is true and correct. 14
137137 (Printed name of qualified third party) 15
138138 (Signature of qualified third party) 16
139139 (Business address and business telephone) 17
140140 (Date) 18
141141 § 2495b. COERCED DEBT PROHIBITED 19
142142 A person shall not cause another person to incur coerced debt. 20 BILL AS INTRODUCED H.385
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146146 VT LEG #379078 v.4
147147 § 2495c. CREDITOR’S CONDUCT PURSUANT TO A DEBTOR’S 1
148148 STATEMENT OF COERCED DEBT 2
149149 (a) Within 30 business days following receipt of a debtor’s statement of 3
150150 coerced debt, the creditor shall notify any consumer reporting agency to which 4
151151 the creditor furnished adverse information about the debtor that the debtor 5
152152 disputes the adverse information. 6
153153 (b) If the consumer provides both a statement of coerced debt and adequate 7
154154 documentation to the creditor, the creditor shall take all of the following 8
155155 actions within 10 business days following receipt: 9
156156 (1) Cease all attempts to collect the coerced debt from the debtor. 10
157157 (2) Refrain from filing any lawsuit to collect the coerced debt or, if a 11
158158 collection action has already been filed, seek a continuance, abatement, or stay 12
159159 of proceedings against the debtor unless the creditor is challenging that the 13
160160 debt is not coerced debt in that action pursuant to subsection 2495d(b) of this 14
161161 subchapter. 15
162162 (3) Cease all garnishment of funds from the debtor. 16
163163 (4) Return to the debtor any payments that were made by the debtor or 17
164164 received as part of a garnishment of funds from the debtor on the coerced debt. 18
165165 (5) Notify the debtor that it is ceasing all attempts to collect the debt 19
166166 from the debtor based on the debtor’s claim of coerced debt. The notice shall 20 BILL AS INTRODUCED H.385
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170170 VT LEG #379078 v.4
171171 be provided to the debtor using the debtor’s preferred contact method. The 1
172172 creditor shall inform the debtor of the option to receive the notice in writing. 2
173173 (6) Contact any consumer reporting agency to which it furnished 3
174174 information about the debtor and the coerced debt and request they delete such 4
175175 information. 5
176176 (7) Refrain from selling the debt or transferring it for consideration. If 6
177177 the creditor does not own the debt and is collecting the debt for another, then 7
178178 the creditor must notify the owner of the debt that it has ceased collection 8
179179 activities against the debtor because the debt is coerced debt. 9
180180 (c) If the debtor provides to a creditor a statement including some but not 10
181181 all of the information required of a statement of coerced debt or provides an 11
182182 oral statement of coerced debt without adequate documentation, the creditor 12
183183 shall notify the debtor within five business days, using the debtor’s preferred 13
184184 contact method, of the additional information needed to complete the statement 14
185185 of coerced debt and of the adequate documentation requirement. If the creditor 15
186186 provides this notice orally, the creditor shall inform the debtor of the option to 16
187187 receive the notice in writing. 17
188188 (d) A creditor who provides the debtor with Model Form A-1 complies 18
189189 with the requirement in subsection (c) of this section to notify the debtor of the 19
190190 additional information needed to complete the statement of coerced debt with 20
191191 adequate documentation. 21 BILL AS INTRODUCED H.385
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195195 VT LEG #379078 v.4
196196 (e) Any written notice under this section must be provided to a debtor in 1
197197 both English and Spanish. If the creditor provides oral interpretation services 2
198198 or otherwise communicates with a debtor in any language other than English, 3
199199 the creditor shall provide the notice, orally or in writing, required under this 4
200200 subsection to the debtor in the debtor’s preferred language. 5
201201 (f) The Commissioner of Financial Regulation shall publish Model Form 6
202202 A-1 in English and Spanish. 7
203203 (g) The Commissioner may publish Model Form A-1 in any other language 8
204204 the Commissioner determines is the first language of a significant number of 9
205205 consumers in Vermont. This determination shall be based, at the discretion of 10
206206 the Commissioner, either on the numerical percentages of all consumers in 11
207207 Vermont for whom English or Spanish is not a first language or in a manner 12
208208 consistent with any rules adopted by the Department of Financial Regulation 13
209209 for this purpose. 14
210210 (h) Model Form A-1 shall be substantially in the following form: 15
211211 MODEL FORM A-1 FOR CREDITORS TO PROVIDE DEBTORS 16
212212 [Creditor name: 17
213213 Address: 18
214214 Email address: 19
215215 Telephone number: 20
216216 Website URL where this form can be filled out online] 21 BILL AS INTRODUCED H.385
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220220 VT LEG #379078 v.4
221221 [Debtor’s name] 1
222222 [Debtor’s preferred contact information: debtor may provide a telephone 2
223223 number, email address, physical address, or the address of a third party] 3
224224 You have given us information about a debt that may have been taken out 4
225225 because someone used your personal information without your permission or 5
226226 because someone intimidated, threatened, forced, or manipulated you into 6
227227 taking out this debt. 7
228228 For example, an abusive partner could have taken out a credit card or loan 8
229229 in your name without your knowledge or permission or pressured you into 9
230230 taking out credit to buy a car, television, computer, or other item and 10
231231 threatened you with harm if you refused. 11
232232 Questions: To stop collection of this debt, you need to answer the questions 12
233233 below. If you do not know the answer, you can explain why you do not know 13
234234 the answer. 14
235235 1. Did you sign for or agree to the debt? 15
236236 2. If you did sign or agree to the debt, was it because someone threatened 16
237237 you or used intimidation, force, manipulation, theft, or other forms of control 17
238238 to take out the debt in your name? If yes, please describe how it happened. 18
239239 3. If you did not sign or agree to the debt, do you know who used your 19
240240 information to take out the debt? If yes, please describe. 20 BILL AS INTRODUCED H.385
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244244 VT LEG #379078 v.4
245245 4. What is your preferred contact method and contact information? You 1
246246 can provide a telephone number, email address, physical address, safe address, 2
247247 or the contact information of another trusted person you want to receive 3
248248 information for you because you are concerned about your safety. 4
249249 Supporting Documentation: Please include any one of the documents 5
250250 below that show that the debt was taken out by someone who you were in an 6
251251 abusive relationship with and threatened you or used intimidation, force, 7
252252 manipulation, theft, or other forms of control to take out the debt in your name. 8
253253 You only need to send one, but you may provide more than one. 9
254254 1. A police report that includes information about the debt and how it was 10
255255 taken out. 11
256256 2. A Federal Trade Commission identity theft report that you can complete 12
257257 yourself online at idtheft.gov. 13
258258 3. A court order that includes information about the debt and how it was 14
259259 taken out. 15
260260 4. A sworn written certification from a qualified third-party professional 16
261261 you talked with about this debt. The statement should include who they are, 17
262262 where they work, their contact information, and information you shared with 18
263263 them about the debt and how it was taken out. The third party may be: 19
264264 (a) an officer of the court or law enforcement personnel; 20 BILL AS INTRODUCED H.385
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268268 VT LEG #379078 v.4
269269 (b) a licensed staff member of a program that provides assistance to 1
270270 persons regarding domestic violence, sexual assault, stalking, human 2
271271 trafficking or abuse of children, older adults, or dependent adults; or 3
272272 (c) a licensed attorney or a health care provider as defined in 18 V.S.A. 4
273273 § 9402(7). 5
274274 5. Any other document such as [a divorce decree, restraining order, 6
275275 protection from abuse order] or other document that includes information 7
276276 about the debt and how it was taken out. 8
277277 We need to receive your answers to the above questions and at least one 9
278278 document supporting your claim before we stop collecting on the debt. 10
279279 Within 30 days after we receive this information, we will do all of the 11
280280 following: 12
281281 1. Stop all attempts to collect the coerced debt from you. 13
282282 2. Notify you in writing that we are stopping all attempts to collect the debt 14
283283 from you. 15
284284 3. Contact the consumer reporting agencies to which we gave information 16
285285 about you and the coerced debt and request that they remove the information 17
286286 from your credit report. Alternatively, we also have the right to challenge your 18
287287 claim of coerced debt in court. 19
288288 If you have questions, please contact us at: [Creditor’s name, mailing 20
289289 address, telephone number, and email address]. 21 BILL AS INTRODUCED H.385
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294294 For more information, see 9 V.S.A. chapter 63, subchapter 13. 1
295295 (i) In connection with any communication related to a debtor’s statement of 2
296296 coerced debt, the creditor: 3
297297 (1) shall only use the contact information the debtor provides in the 4
298298 statement of coerced debt to contact the debtor and shall not use any other 5
299299 contact information; 6
300300 (2) shall not disclose the contact information the debtor provides in the 7
301301 statement of coerced debt to any other person, including the perpetrator of the 8
302302 coerced debt or joint account holders, without the debtor’s express written 9
303303 authorization; and 10
304304 (3) may request that the debtor provide the identity of the perpetrator of 11
305305 coerced debt, if known, and contact information for that person if known. 12
306306 § 2495d. CIVIL LEGAL REMEDIES 13
307307 (a) A debtor is not liable for coerced debt. A debtor may raise as a defense 14
308308 in any forum and by any allowable procedure that a particular debt, or portion 15
309309 thereof, is coerced debt. 16
310310 (b) The debtor establishes a prima facie case that a debt is coerced debt by 17
311311 providing a statement of coerced debt and adequate documentation. If the 18
312312 creditor has a good faith basis to believe that the debt is not coerced debt, the 19
313313 creditor may seek a court order in a court of competent jurisdiction declaring 20 BILL AS INTRODUCED H.385
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317317 VT LEG #379078 v.4
318318 the debt is not a coerced debt. In such a suit, the creditor has the burden to 1
319319 disprove the debt is coerced debt. 2
320320 (c) A person who is found to be a perpetrator of coerced debt by a court of 3
321321 competent jurisdiction shall be civilly liable to the creditor. The perpetrator of 4
322322 coerced debt may also be civilly liable to the debtor to the extent that the 5
323323 debtor made payments or incurred costs related to the coerced debt. 6
324324 (d) A creditor may use all legal rights and remedies to collect the coerced 7
325325 debt from the perpetrator of coerced debt. 8
326326 (e) In any court action, the presiding court shall take appropriate steps 9
327327 necessary to protect the debtor or an immediate family member of the debtor 10
328328 from an alleged perpetrator of coerced debt by, among other things, sealing 11
329329 court records, redacting personally identifiable information about the debtor 12
330330 and any immediate family member of the debtor, and directing that any 13
331331 deposition or evidentiary hearing be conducted remotely. 14
332332 (f) Any creditor who fails to comply with any provision of section 2495c of 15
333333 this subchapter is liable to the debtor in an amount equal to the sum of: 16
334334 (1) any actual damages sustained by the debtor as a result of such 17
335335 noncompliance; 18
336336 (2)(A) in the case of any action by an individual, such additional 19
337337 damages as the court may allow, but not exceeding $5,000.00 per violation 20
338338 indexed annually for inflation; or 21 BILL AS INTRODUCED H.385
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342342 VT LEG #379078 v.4
343343 (B) in the case of a class action: 1
344344 (i) such amount for each named plaintiff as could be recovered 2
345345 under subdivision (A) of this subdivision (f)(2); and 3
346346 (ii) such amount as the court may allow for all other class 4
347347 members, without regard to a minimum individual recovery, not to exceed the 5
348348 lesser of $500,000.00 indexed annually for inflation or one per centum of the 6
349349 net worth of the debt collector; 7
350350 (iii) court costs and reasonable attorney’s fees as determined by 8
351351 the court; and 9
352352 (iv) punitive damages if the court finds the creditor’s 10
353353 noncompliance was willful. 11
354354 (g) The provisions of this subchapter apply to lawsuits filed in this State, 12
355355 regardless of whether a related contract provides that the law of another state is 13
356356 chosen. 14
357357 § 2495e. CREDITOR REMEDIES 15
358358 Nothing in this subchapter diminishes the rights of a creditor to seek 16
359359 payment recovery for a coerced debt from the person who caused the debtor to 17
360360 incur the coerced debt. 18 BILL AS INTRODUCED H.385
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364364 VT LEG #379078 v.4
365365 Sec. 2. DEBT COLLECTION RULES 1
366366 On or before January 1, 2027, the Attorney General shall amend Vermont’s 2
367367 Consumer Protection Rule 104 on Debt Collection to ensure debt collection 3
368368 practices conform with the requirements of 9 V.S.A. chapter 63, subchapter 13. 4
369369 Sec. 3. 9 V.S.A. § 2480d is amended to read: 5
370370 § 2480d. PROCEDURE IN CASE OF DISPUTED ACCURACY 6
371371 (a) If the completeness or accuracy of any item of information contained in 7
372372 the consumer’s file is disputed by the consumer and the consumer notifies the 8
373373 credit reporting agency directly of such dispute, the agency shall reinvestigate 9
374374 free of charge and record the current status of the disputed information on or 10
375375 before 30 business days after the date the agency receives notice from the 11
376376 consumer. 12
377377 (b) On or before five business days after the date a credit reporting agency 13
378378 receives notice of a dispute from a consumer in accordance with subsection (a) 14
379379 of this section, the agency shall provide notice of the dispute to all persons who 15
380380 provided any item of information in dispute. 16
381381 (c) Notwithstanding subsection (a) of this section, a credit reporting agency 17
382382 may terminate a reinvestigation of information disputed by a consumer under 18
383383 such subsection if the agency reasonably determines that such dispute by the 19
384384 consumer is frivolous or irrelevant. Upon making such a determination, a 20
385385 credit reporting agency shall promptly notify the consumer of such 21 BILL AS INTRODUCED H.385
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389389 VT LEG #379078 v.4
390390 determination and the reasons therefor, by mail, or if authorized by the 1
391391 consumer for that purpose, by telephone. The presence of contradictory 2
392392 information in the consumer’s file does not in and of itself constitute 3
393393 reasonable grounds for determining the dispute is frivolous or irrelevant. 4
394394 (d) In conducting a reinvestigation under subsection (a) of this section, the 5
395395 credit reporting agency shall review and consider all relevant information 6
396396 submitted by the consumer with respect to such disputed information. 7
397397 (e) If, after a reinvestigation under subsection (a) of this section of any 8
398398 information disputed by a consumer, the information is found to be inaccurate 9
399399 or cannot be verified, the credit reporting agency shall promptly delete such 10
400400 information from the consumer’s file. For purposes of this section, 11
401401 “information” shall not include other information in the same item that is not 12
402402 disputed by the consumer. 13
403403 (f) If any information is deleted after a reinvestigation under subsection (a) 14
404404 of this section, the information may not be reinserted in the consumer’s file 15
405405 after deletion unless the person who furnishes the information reinvestigates 16
406406 and states in writing or by electronic record to the agency that the information 17
407407 is complete and accurate. Such furnisher shall not provide such statement 18
408408 unless the furnisher reasonably believes that the information is complete and 19
409409 accurate. Upon such reinvestigation and statement by the furnisher, the credit 20
410410 reporting agency shall promptly notify the consumer of any reinsertion. 21 BILL AS INTRODUCED H.385
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414414 VT LEG #379078 v.4
415415 (g) A credit reporting agency shall provide written notice of the results of 1
416416 any reinvestigation under this subsection within five business days of 2
417417 following the completion of the reinvestigation, by mail or, if authorized by the 3
418418 consumer for that purpose, by telephone. This notice shall include: 4
419419 (1) a statement that the reinvestigation is complete; 5
420420 (2) a statement of the determination of the agency on the completeness 6
421421 or accuracy of the disputed information; 7
422422 (3) a credit report that is based upon the consumer’s file as that file is 8
423423 revised as a result of the reinvestigation; 9
424424 (4) a description of the manner in which the information disputed by the 10
425425 consumer has been altered, changed, deleted, or modified in the consumer’s 11
426426 credit report; 12
427427 (5) a description of the procedure used to determine the accuracy and 13
428428 completeness of the information, including the name, business address, and, if 14
429429 available, the telephone number of any person contacted in connection with 15
430430 such information; and 16
431431 (6) a notification that the consumer has the right, pursuant to 15 U.S.C. 17
432432 § 1681i, to add a statement to the consumer’s file disputing the accuracy or 18
433433 completeness of the information. 19
434434 (h) If a consumer asserts that a debt or any portion of a debt is the result of 20
435435 coerced debt as defined in subdivision 2495a(3) of this title and provides to the 21 BILL AS INTRODUCED H.385
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439439 VT LEG #379078 v.4
440440 consumer reporting agency either a court order of relief pursuant to subsection 1
441441 2495d(b) of this title or a statement of coerced debt as defined in subdivision 2
442442 2495a(10) of this title and adequate documentation as defined in subdivision 3
443443 2495a(2) of this title, the consumer reporting agency shall reinvestigate the 4
444444 debt pursuant to this section. If after the reinvestigation it is determined that 5
445445 the debt is the result of coerced debt, the consumer reporting agency shall 6
446446 remove any reference to the debt or any portion of the debt determined to be 7
447447 the result of coerced debt from the consumer’s credit report. As used in this 8
448448 section, “statement of coerced debt” means a signed statement that includes: 9
449449 (1) an assertion that the debtor is a survivor of domestic abuse, 10
450450 economic abuse, or human trafficking; 11
451451 (2) a recitation of the facts supporting the claim that the debt is coerced; 12
452452 and 13
453453 (3) if only a portion of the debt is claimed to be coerced debt, an 14
454454 itemization of the portion of the debt that is claimed to be coerced debt. 15
455455 Sec. 4. 9 V.S.A. § 2480k is amended to read: 16
456456 § 2480k. COMPLAINTS TO LAW ENFORCEMENT AGENCIES 17
457457 A person who has learned or reasonably suspects that his or her the person’s 18
458458 personal identifying information has been unlawfully used by another, as 19
459459 described in 13 V.S.A. § 2030(a) 2030, may make a complaint about the 20
460460 unlawful use of personal identifying information to the State Police or to the 21 BILL AS INTRODUCED H.385
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464464 VT LEG #379078 v.4
465465 person’s local law enforcement agency. The law enforcement agency shall 1
466466 take the complaint and provide the complainant with a copy of the complaint, 2
467467 the name of the law enforcement officer taking the complaint, and an incident 3
468468 number or case number assigned to the complaint by the law enforcement 4
469469 agency. If the suspected crime was committed in a different jurisdiction, the 5
470470 law enforcement agency shall take the complaint and provide the complainant 6
471471 with a copy of the complaint, the name of the law enforcement officer taking 7
472472 the complaint, and an incident number or case number assigned to the 8
473473 complaint by the law enforcement agency and refer the complaint to a law 9
474474 enforcement agency in that different jurisdiction. 10
475475 Sec. 5. EFFECTIVE DATE 11
476476 This act shall take effect on July 1, 2026. 12