5614
. (a) A private child support collector shall do all of the
following:
(1) (A) Provide to an obligee all of the following information:
(i) The name of, and any other identifying information relating
to, any obligor who made child support payments collected by the
private child support collector.
(ii) The amount of support collected by the private child support
collector.
(iii) The date on which each amount was received by the private
child support collector.
(iv) The date on which each amount received by the private child
support collector was sent to the obligee.
(v) The amount of the payment sent to the obligee.
(vi) The source of payment of support collected and the actions
affirmatively taken by the private child support collector that
resulted in the payment.
(vii) The amount and percentage of each payment kept by the
private child support collector as its fee.
(B) The information required by paragraph (A) shall be made
available, at the option of the obligee, by mail, telephone, or via
secure Internet access. If provided by mail, the notice shall be sent
at least quarterly and, if provided by any other method, the
information shall be updated and made available at least monthly.
Information accessed by telephone and the Internet shall be up to
date.
(2) Establish a direct deposit account with the state disbursement
unit and shall within two business days from the date the funds are
disbursed from the state disbursement unit to the private child
support collector, if a portion of the funds constitute an obligor's
fee, notify the Department of Child Support Services of the portion
of each collection that constitutes a fee. The notification shall be
sent by the private child support collector to the department in an
electronic format to be determined by the department.
(3) Maintain records of all child support collections made on
behalf of a client who is an obligee. The records required under this
section shall be maintained by the private child support collector
for the duration of the contract plus a period of four years and four
months from the date of the last child support payment collected by
the private child support collector on behalf of an obligee. In
addition to information required by paragraph (1), the private child
support collector shall maintain the following:
(A) A copy of the order establishing the child support obligation
under which a collection was made by the private child support
collector.
(B) Records of all correspondence between the private child
support collector and the obligee or obligor in a case.
(C) Any other pertinent information relating to the child support
obligation, including any case, cause, or docket number of the court
having jurisdiction over the matter and official government payment
records obtained by the private child support collector on behalf of,
and at the request of, the obligee.
(4) Safeguard case records in a manner reasonably expected to
prevent intentional or accidental disclosure of confidential
information pertaining to the obligee or obligor, including providing
necessary protections for records maintained in an automated system.
(5) Ensure that every person who contracts with a private child
support collector has the right to review all files and documents,
both paper and electronic, in the possession of the private child
support collector for the information specified in this paragraph
regarding that obligee's case that are not required by law to be kept
confidential. The obligee, during regular business hours, shall be
provided reasonable access to and copies of the files and records of
the private child support collector regarding all moneys received,
collection attempts made, fees retained or paid to the private child
support collector, and moneys disbursed to the obligee. The private
child support collector may not charge a fee for access to the files
and records, but may require the obligee to pay up to three cents
($0.03) per page for the copies prior to their release.
(6) Provide, prior to commencing collection activities, written
notice of any contract with an obligee to the local child support
agency that is enforcing the obligee's support order, if known, or
the local child support agency for the county in which the obligee
resides as of the time the contract is signed by the obligee. The
notice shall identify the obligee, the obligor, and the amount of the
arrearage claimed by the obligee.
(b) A private child support collector shall not do any of the
following:
(1) Charge fees on current support if the obligee received any
current child support during the six months preceding execution of
the contract with the private child support collector. A private
child support collector shall inquire of the obligee and record the
month and year of the last current support payment and may rely on
information provided by the obligee in determining whether a fee may
be charged on current support.
(2) Improperly retain fees from collections that are primarily
attributable to the actions of a governmental entity. The private
child support collector shall refund all of those fees to the obligee
immediately upon discovery or notice of the improper retention of
fees.
(3) Collect or attempt to collect child support by means of any
conduct that is prohibited of a debt collector collecting a consumer
debt under Sections 1788.10 to 1788.16, inclusive, of the Civil Code.
This chapter does not modify, alter, or amend the definition of a
debt or a debt collector under the Rosenthal Fair Debt Collection
Practices Act (Title 1.6C (commencing with Section 1788) of Part 4 of
Division 3 of the Civil Code).
(4) Misstate the amount of the fee that may be lawfully paid to
the private child support collector for the performance of the
contract or the identity of the person who is obligated to pay that
fee.
(5) Make a false representation of the amount of child support to
be collected. A private child support collector is not in violation
of this paragraph if it reasonably relied on sufficient documentation
provided by the government entity collecting child support, a court
with jurisdiction over the support obligation, or from the obligee,
or upon sufficient documentation provided by the obligor.
(6) Ask any party other than the obligor to pay the child support
obligation, unless that party is legally responsible for the
obligation or is the legal representative of the obligor.
(7) Require, on or after January 1, 2007, as a condition of
providing services to the obligee, that the obligee waive any right
or procedure provided for in any state law regarding the right to
file and pursue a civil action, or that the obligee agree to resolve
disputes in a jurisdiction outside of California or to the
application of laws other than those of California, as provided by
law. Any waiver by the obligee of the right to file and pursue a
civil action, the right to file and pursue a civil action in
California, or the right to rely upon California law as provided by
law must be knowing, voluntary, and not made a condition of doing
business with the private child support collector. Any waiver,
including, but not limited to, an agreement to arbitrate or regarding
choice of forum or choice of law, that is required as a condition of
doing business with the private child support collector, shall be
presumed involuntary, unconscionable, against public policy, and
unenforceable. The private child support collector has the burden of
proving that any waiver of rights, including any agreement to
arbitrate a claim or regarding choice of forum or choice of law, was
knowing, voluntary, and not made a condition of the contract with the
obligee.