Information Sharing For Consumer Protection Investigation
| Type | Bill |
|---|---|
| Session | 2022 Regular Session |
| Subjects |
Concerning the enforcement of laws relating to unfair business practices committed by regulated persons.
Bill Summary:
The act authorizes a district attorney or a deputy or assistant district attorney (district attorney), in investigating a complaint alleging a violation of consumer protection laws, to request records from a state or local licensing authority (licensing authority) regarding a person that the licensing authority regulates (regulated person) and that is the subject of the complaint if the complaint alleges:
- The complainant suffered damages in an amount of at least $20,000 and the district attorney determines the amount alleged appears to be reasonable in relation to the alleged conduct forming the basis of the complaint; or
- 2 or more regulated persons jointly engaged in conduct that forms the basis of the complaint.
The act only applies to those state licensing authorities that authorize a licensee to perform activities at specific premises. A district attorney's authority to request records from a licensing authority does not apply with respect to a complaint alleged against a person regulated by a board or commission.
The licensing authority shall share with, and allow inspection of its records by, the district attorney upon receipt of such request if the licensing authority has already determined not to take action against the regulated person or persons.
Additionally, the act authorizes a state licensing authority, subject to approval by the head of the executive department in which the state licensing authority is located, to enter into an interagency agreement with the attorney general or the attorney general's designee for the referral of complaints alleging violations of consumer protection laws.
A regulated person is entitled to costs and reasonable attorney fees incurred and actual damages sustained in relation to the district attorney's or attorney general's investigation and in relation to a licensing authority's investigation in a related matter if a court determines that the complaint that led to the district attorney's or attorney' general's investigation is frivolous, groundless, and was filed in bad faith or if the regulated person prevails or substantially prevails in the matter.
(Note: This summary applies to this bill as enacted.)
Related Documents & Information
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.003 (Attachment A) | The motion passed without objection. | Vote summary |
| Refer Senate Bill 22-157, as amended, to the Committee of the Whole. | The motion passed on a vote of 11-0. | Vote summary |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 04/19/2022 | House Amendments | REPASS |
34
AYE
0
NO
1
OTHER
|
Vote record |
| 04/19/2022 | House Amendments | CONCUR |
34
AYE
0
NO
1
OTHER
|
Vote record |
| 03/31/2022 | Third Reading | BILL |
32
AYE
0
NO
3
OTHER
|
Vote record |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 04/18/2022 | Third Reading | BILL |
62
AYE
0
NO
3
OTHER
|
Vote record |
| Date | Location | Action |
|---|---|---|
| 05/06/2022 | Governor | Governor Signed |
| 04/28/2022 | Governor | Sent to the Governor |
| 04/28/2022 | House | Signed by the Speaker of the House |
| 04/28/2022 | Senate | Signed by the President of the Senate |
| 04/19/2022 | Senate | Senate Considered House Amendments - Result was to Concur - Repass |
| 04/18/2022 | House | House Third Reading Passed - No Amendments |
| 04/14/2022 | House | House Second Reading Special Order - Passed with Amendments - Committee |
| 04/13/2022 | House | House Committee on Business Affairs & Labor Refer Amended to House Committee of the Whole |
| 03/31/2022 | House | Introduced In House - Assigned to Business Affairs & Labor |
| 03/31/2022 | Senate | Senate Third Reading Passed - No Amendments |
| 03/30/2022 | Senate | Senate Second Reading Special Order - Passed with Amendments - Committee |
| 03/28/2022 | Senate | Senate Committee on Business, Labor, & Technology Refer Amended - Consent Calendar to Senate Committee of the Whole |
| 03/15/2022 | Senate | Introduced In Senate - Assigned to Business, Labor, & Technology |
Prime Sponsor
Sponsor
Co-Sponsor
| Effective Date | Chapter # | Title | Documents |
|---|---|---|---|
| 08/10/2022 | 154 | Info Sharing For Consumer Protection Investigation |