New Consumer Law Rights Taking Effect in 2023

 

This article lists federal and state consumer law rights scheduled to go into effect or expire, during the period from November 17, 2022, through December 31, 2023. Other consumer law changes will be enacted later in 2023 and will go into effect in 2023; this article lists changes whose effective dates have already been scheduled.

NCLC encourages readers to submit to publications@nclc.org additional consumer law changes effective in 2023, especially changes found in state consumer legislation. NCLC will add appropriate submissions to this article. 

November 17, 2022: Student Loans; Bankruptcy

DOJ & ED Guidance: The Department of Justice (DOJ) has just issued a new Guidance in coordination with the Department of Education that should allow bankruptcy debtors to be far more successful in obtaining undue hardship discharges of their student loans. See NCLC’s article, New Process to Discharge Student Loans in Bankruptcy.

December 1, 2022: Bankruptcy

Bankruptcy Rules: Changes to Bankruptcy Rules 1007, 1020, 2009, 2012, 2015, 3002, 3010, 3011, 3014, 3016, 3017.1, 3017.2 (new), 3018, 3019, 5005, 7004, and 8023 became effective on December 1, 2022.  See NCLC’s article, Effective December 1, New Rules Simplify a Consumer Bankruptcy Practice.

December 5, 2022: Arizona Exemptions, Medical Debt

Arizona Exemptions, Medical Debt: Arizona Proposition 209, effective December 5, 2022, increases the state’s homestead exemption from $250,000 to $400,000, the exemption in bank accounts from $300 to $5,000, both the vehicle and household goods exemptions from $6,000 to $15,000, and the garnishment protection to 90% of disposable wages or 60 times the highest minimum wage in the state, whichever is greater. The proposition also lowers interest on medical debt to a treasury yield benchmark or 3%, whichever is lower.  

December 15, 2022:  HECM Reverse Mortgages

HECM Reverse Mortgages: Effective December 15, new protections are offered to borrowers with HECM reverse mortgages.  HUD Mortgagee Letter 2022-23 establishes a COVID-19 HECM Property Charge Repayment Plan where eligibility includes those who have applied for Homeowner Assistance Fund (HAF) assistance if the HAF funds combined with the borrower’s ability to repay will satisfy the servicer’s advances for the delinquent property charges.

December 27, 2022: Bankruptcy

Bankruptcy Amendments: Sunset of amendments to Bankruptcy Code §§ 364, 365, 503, 507, 547, 1191, 1225, and 1325 regarding small business debtors under subchapter V and loans under the Paycheck Protection Program. Pub. L. No. 116-260 (Dec. 27, 2020).

December 31, 2022: Student Loans; USDA Loan Modifications

Student Loan Discharge Taxability: Federal student loan death and disability discharges are not taxable, but because the tax provision is scheduled to expire at the end of 2025, borrowers subject to the three-year monitoring period who have their initial discharge approved after December 31, 2022, could be subject to the tax unless the provision is extended or made permanent. For more information, see here.

USDA Loan Modifications: USDA COVID-19 special relief measure expires on December 31, 2022.

January 1, 2023: TILA; FCRA; CLA;  HMDA; FHA Loans;  Minimum Wage and Wage Garnishment in 27 States; California Various Provisions; District of Columbia Debt Collection; Georgia Retail Crime; Michigan Loans; Nebraska Exemptions; New Mexico Loans; South Dakota Annuities; Virginia Data Privacy

Truth in Lending Act Exemption: On January 1, 2023, the TILA exemption for an amount financed over a dollar amount increases from $61,000 to $66,400. See 87 Fed. Reg. 63,671 (Oct. 20, 2022).  This exemption does not apply to home-secured credit or student loans.

Truth in Lending Act HOEPA Loans: On January 1, 2023, the adjusted total loan amount threshold for high-cost mortgages increases to $24,866, and the adjusted points and fees dollar trigger for high-cost mortgages increased to $1,243 (available here).

Truth in Lending Act Ability to Repay and QM Adjustments: To determine whether a covered transaction is a qualified mortgage (QM), the total points and fees charged may not exceed the threshold set for the size of the loan. For 2023, these thresholds increase: for a loan amount of $124,331 or more, 2.25% of the total loan amount; for a loan amount of greater than or equal to $74,599 but less than $124,331, 3.5% of the total amount; and for a loan amount less than $74,599, 6.5% of the total amount (available here).

Truth in Lending Act Appraisal Requirements: Effective January 1, 2023, the exemption threshold for special appraisal requirements for “higher-risk mortgages” increases from $28,500 to $31,000. See 87 Fed. Reg. 63,663 (Oct. 20, 2022).

Truth in Lending Exemption: The CFPB has announced that effective January 1, creditors with assets under  $2.537 billion (formerly $2.336 billion) do not have to establish escrow accounts and do not have to comply with the prohibition on balloon payments for certain higher-priced mortgage loans. For certain insured depository institutions and insured credit unions meeting certain conditions, the exemption threshold is adjusted to increase to $11.374 billion from $10.473 billion. 

Fair Credit Reporting Act File Disclosure: The maximum charge to a consumer under the FCRA for file disclosure increases to $14.50 from $13.50.  See 87 Fed. Reg.72,364 (Nov. 25, 2022).

Consumer Leasing Act Exemption: On January 1, 2023, the Consumer Leasing Act exemption for consumer leases exceeding a total contractual obligation amount increased from $61,000 to $66,400. See 87 Fed. Reg. 63,666 (Oct. 20, 2022).

HMDA Exemption:  The CFPB has announced that effective January 1, banks, savings associations, and credit unions with assets of $54 million or less are exempt from collecting data in 2023.  The old threshold was $50 million.

FHA Loan Limits: FHA has announced new loan limits for 2023.  The single family low-cost area floor increases to $472,030 and the high-cost area ceiling increases to $1,089,300.  Overall, the maximum loan limits will rise in 3,222 counties and stay the same in 12 counties. For HECM reverse mortgages the maximum claim amount increases from $970,800 in 2022 to $1,089,300.

Minimum Wage and Wage Garnishment in 27 States: In addition to federal wage garnishment protections that utilize the federal minimum wage, many states set limits on wage garnishment utilizing the state’s own regulation of the minimum wage.  Twenty-seven states are raising the minimum wage in 2023, usually but not always on January 1, 2023.  The 27 states are: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, South Dakota, Vermont, Virginia, and Washington.  For each state’s formula for protecting wages from garnishment, see NCLC’s new report, No Fresh Start 2022: Will States Let Debt Collectors Push Families Into Poverty as the Cost of Necessities Soars? (Dec. 21, 2022).

California Privacy Rights: California Proposition 24 created the California Privacy Rights Act (CPRA) that goes into effect January 1, 2023. Provisions include: limits on the sharing of a consumer’s information on the consumer’s request, with an opt-out used for marketing; further limits on collecting data on those under sixteen years old; and the consumer’s ability to correct information. Proposition 24 largely supersedes the California Consumer Privacy Act, that went into effect on January 1, 2020.  Under that legislation, consumer rights are also increased on January 1, 2023, so that consumers have the right to request that businesses correct inaccurate personal information about them.  Cal. Civ. Code § 1798.106 (West), added by 2020 Cal. Legis. Serv. Prop. 24.

California Coerced Debt: California AB 1243, becomes effective January 1, 2023, to provide a restraining order remedy for elder and dependent adult financial abuse to allow judges issuing elder and dependent adult abuse restraining orders to make similar findings that specific debts are the result of coerced debt. This will give the protected party an additional tool to dispute debts with creditors, collectors, and/or credit reporting agencies.

California Default, Bankruptcy, and Exemptions:  California SB 1099, effective January 1, provides that bankruptcy is not grounds for default, acceleration, or repossession of motor vehicle credit. The exemption for a motor vehicle is increased to $7,500. The exemption for health aids and certain other items are expanded.  Where the debtor’s equity in a residence is less than or equal to the amount of the debtor’s allowed homestead exemption when the debtor files for bankruptcy, any appreciation in the value of the debtor’s interest in the property during the pendency of the case is exempt. Adds rights for a separated spouse filing bankruptcy individually and makes certain other changes to a debtor’s exemption rights.

California Post-Judgment Interest, Enforcement of Judgments: California SB 1200 for judgments entered into after January 1, 2023, reduces post-judgment interest on most consumer debts from 10% to 5%, and effective January 1, limits the creditor’s ability to renew a judgment not brought within 10 years.

California GAP Insurance:  California AB 2311 increases the price cap on GAP waivers from 2% to 4% of the amount borrowed; permits sales of GAP waivers that do not cover the full amount borrowed if this fact is conspicuously disclosed to the buyer and acknowledged in writing; defines the method by which the refund of any unearned GAP waiver charges is to be calculated; changes the time in which the refund must occur to 60 business days; provides for notice to the buyer by additional means if the GAP waiver agreement is assigned; clarifies the role of any third-party GAP waiver administrator; and modifies the text of a mandatory disclosure to potential purchasers.

California Credit Services Organizations: Effective January 1, California AB 2424 requires a credit services organization (CSO) to provide a monthly statement detailing services performed, and services agreed upon must be performed within 180 days.  The CSO must disclose a five-day right to cancel, and will contain a number of provisions related to credit reporting.

California Non-English Language Disclosures: California SB 633 effective January 1, increases the rights of consumers to receive notices in a non-English language, expands the languages in which notices are required, and requires the state to provide additional language translations.

California Prison Telephone Calls: California SB 1008, effective January 1, 2023,  requires state prisons and detention centers to provide free phone service to inmates.

California Criminal Restitution Debts: California SB 1106, effective January 1, 2023, provides certain additional rights to a criminal defendant who does not satisfy an order for criminal restitution.

California Veterans Protection: California SB 1730, effective January 1, in actions brought by veterans for unfair or deceptive practices, the trier of facts shall consider specified factors in determining the amount of a discretionary penalty or remedy the purpose or effect is to deter or punish, and is authorized to impose a penalty or other remedy in an amount up to three times greater than the amount authorized by statute.

California Servicemembers and Veterans Protection: California SB 1311 among other provisions:  increases the AG UDAP civil penalty to $5,000 where act perpetrated against servicemember or veteran; expands the ability to have a servicemember sue in small claims court through a representative; voids certain waivers of laws by servicemembers, former servicemembers or their dependents; expands the ability of a servicemember to terminate a motor vehicle lease without penalty; would expand the reach of the federal Military Lending Act to purchase money security interests in non-vehicles; and provides certain debt protections.

District of Columbia Debt Collection: Effective January 1, the permanent version of the D.C. Protecting Consumers from Unjust Debt Collection Practices Amendment Act (B24-0357) applies to debt collectors (including original creditor banks and other lenders) and debt buyers and requires them to show consumers in a collection case—upon request and in court—proof of ownership of the debt documents and documentation of the debt. The Act limits collector attorney fees in collection lawsuits. The law also protects against collection abuse and limits the number of calls in a week. Default judgments can be obtained only through submission of supporting evidence. The Act prohibits imprisonment for failure to pay a debt or to appear in court and adds protections relating to the issuing of civil bench warrants when a consumer fails to respond to a subpoena in a debt collection case. The law amends the private right of action to provide for statutory damages and recovery of costs and attorney fees and eliminates the requirement that violations of the law must be “willful” to trigger a right to damages.

Georgia Retail Crime: Georgia Senate Bill 332 establishes financial and contact information requirements for high-volume sellers to online marketplaces and requires that such platforms establish an option for consumers to report suspicious activity. It also requires these sellers to provide their contact information to consumers.

Michigan’s $400 Limit on Loan Processing Fees: The limit on processing fees will be increased based upon inflation. See In re CPI-Adjusted Regulatory Loan Act Loan Processing Fee, Bulletin 2021-11-CF (Mich. Dep’t of Ins. & Fin. Servs. Mar. 8, 2021).

Nebraska Tangible Personal Property Exemptions: The dollar amounts are adjusted by Department of Revenue every five years, beginning in 2023. Neb. Rev. Stat. § 25-1556.

New Mexico Loans: Effective January 1, both the Small Loan Act and the Bank Installment Act caps the APR at 36% on covered loans (to be increased if the prime rate exceeds 10% for three consecutive months). N.M. Stat. Ann. § 58-15-17(J), (L). Effective January 1, the small loan act applies to loans under $10,000 and not just $5,000 and certain other restrictions on scope are loosened. The anti-evasion provisions are also expanded. § 58-15-3(D).  As of January 1, 2023, a fee of 5% of the principal may be charged for a loan of $500 or less. It may be imposed on a borrower only once in any twelve-month period. 

South Dakota Annuity Sales: Effective January 1, a number of South Dakota laws affecting the sale of annuities to consumers become effective, including a requirement that the producer act in the consumer’s best interest, disclose conflicts, and use reasonable efforts.  See S.D. Codified Laws §§ 58-33A-16, 16.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7.

Virginia Data Privacy:  Effective July 1, Va. Code Ann. §§ 59.1.575–59.1.585 give consumers the right to access personal data and correct inaccuracies in or delete that personal data.  Consumers also have a right to opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or in certain other contexts.

 

February 15, 2023: Colorado Hospital Collections

Colorado Hospital Collections: Effective February 15, 2023, Colorado HB 1285 prohibits hospitals not in compliance with federal price transparency laws from pursuing collections for patient debt.

March 1, 2023:  VA Mortgages

The VA clarified in Circular 26-21-20 that “servicers should approve requests from such borrowers provided that the borrower makes the request during the National Emergency Concerning the Novel Coronavirus Disease 2019 (COVID-19) Pandemic.” As clarified by an update to the circular on September 15, 2022, the VA expects all forbearance periods to end “not later than six months after the end of the National Emergency Concerning the Novel COVID-19 Pandemic.” VA Circular 26-21-20 is scheduled for rescission on March 1, 2023.

March 10, 2023: Federal Credit Union Interest Rates

Federal Credit Union Interest Rates: National Credit Union Administration authorization to charge 28% APR on certain short-term loans (called “payday alternative loans” or PALs) expires on March 10, 2023, unless renewed.

March 30, 2023: Reporting of Medical Debt

Reporting of Medical Debt:  The three major credit bureaus (Equifax, Transunion, and Experian) will institute a new policy by March 30, 2023, to no longer include medical debt under a dollar threshold (the threshold will be at least $500) on credit reports. Such medical debts under that threshold will never be reported even if unpaid and even if in collection.

 

April 21, 2023:  Colorado School Transcripts

Colorado School Transcripts: Effective April 21 2022, Colorado HB 1049 prohibits failure to pay a debt as the grounds for a postsecondary school to withhold a student’s transcript or diploma if needed for job applications, to transfer schools, to apply for aid, or other enumerated purposes.

June 9, 2023: FTC Safeguards Rule

FTC Safeguards Rule:  Amendments to the FTC Rule on Standards for Safeguarding Customer Information, 16 C.F.R. pt. 314, were effective in part on January 10, 2022, but certain provisions (see 16 C.F.R. § 314.5) originally to become effective on December 9, 2022, are now scheduled to be effective on June 9, 2023.  See 87 Fed. Reg. 71,510 (Nov. 23, 2022).

June 30, 2023: LIBOR

LIBOR:  The London Interbank Offered Rate (LIBOR) is an index used to compute the interest rate for approximately $1.4 trillion of adjustable-rate consumer contracts. The consumer’s interest rate is the sum of the LIBOR rate and a fixed margin. As of June 30, 2023, the LIBOR will no longer be published, largely because it has been shown to be vulnerable to bank manipulation. As a result, millions of consumer contracts will need to be adjusted to use an alternative index and fixed margin.  A recommended index is the spread adjusted SOFR (Secured Overnight Financing Rate), which will become available on June 30, 2023.

July 1, 2023: Federal Student Loans; VA Mortgages; California Coerced Debt; Colorado Data Privacy; Connecticut Data Privacy; Michigan Property Taxes

Dep’t of Education Regulations, Limits on School Arbitration Requirements: Effective July 1, new Department of Education rulesprohibit schools that participate in the federal student loan program from requiring binding arbitration of disputes or limiting students’ access to class actions when the students’ claims relate to acts or omissions regarding the making of the Federal Direct Loan or the provision of educational services for which the Federal Direct Loan was obtained. To the extent that a school requires arbitration or limits class actions, there must be a disclosure—even for agreements prior to July 1, 2023—that the arbitration requirement or class actions limit does not apply to claims that relate to acts or omissions regarding the making of the Federal Direct Loan or the provision of educational services for which the Federal Direct Loan was obtained.  See 87 Fed. Reg. 65,904,66,066–66,068 (Nov. 1, 2022). 

Dep’t of Education Regulations, Closed School Discharges: Effective July 1, new Department of Education rules make it easier for Direct Loan, FFEL and Perkins Loan borrowers to obtain over $3 billion in new closed school discharges, not only providing relief for categories of students who were previously denied, but significantly expanding when the Department will provide automatic relief to borrowers, without requiring that they submit a closed school discharge application, and will provide discharges sooner after the school closes. See 87 Fed. Reg. 65,904, 66,060–66,062 (Nov. 1, 2022). 

Dep’t of Education Regulations, Borrower Defense to Repayment Discharges: Effective July 1, new rules increase access to relief for Federal Direct Loan borrowers applying for loan cancellation based on unfair school recruiting and enrollment regardless of when the loan was issued. The rules expand the types of misconduct that make borrowers eligible for relief and eliminate restrictions on when a borrower can apply for relief.  Relief includes discharge of the loan, a refund of all loan payments, and deletion of negative credit history associated with the loan.  The new rules allow state agencies, legal aid organizations, and others to submit borrower defense claims on behalf of groups of students who went to the same school.  The Department must resolve any borrower defense claim within three years.  See 87 Fed. Reg. 65,904, 66,068–66,073 (Nov. 1, 2022). 

Dep’t of Education Regulations, Total and Permanent Disability Discharges: Effective July 1, new rules make it significantly easier for Direct Loan, FFEL, and Perkins Loan borrowers to discharge their federal loan debt if they are disabled and cannot work. The new rule allows nurse practitioners, physician’s assistants, and osteopathic doctors—not just medical doctors—to attest that a borrower is disabled.  The new rule expands which recipients of Social Security and VA benefits may obtain a disability discharge without additional proof of disability. Under the new rule, borrowers will not be subject to income monitoring after they receive a discharge and will only have their loans reinstated if they borrow new federal loans within three years of applying for a discharge.  See 87 Fed. Reg. 65,904, 66,059–66,060 (Nov. 1, 2022). 

Dep’t of Education Regulations, False Certification Discharges: Effective July 1, new rules streamline the process for Direct Loan and FFEL borrowers to obtain false certification discharges, by applying the same standards regardless of when the loan was first disbursed, removing the exclusion that a high school diploma or equivalent is disqualifying, expanding the types of allowed documentation, and enabling groups of borrowers who experienced the same behavior from their institutions to apply together. See 87 Fed. Reg. 65,904, 66,062–66,063 (Nov. 1, 2022). 

Dep’t of Education Regulations, Public Service Loan Forgiveness: Effective July 1, new rules reduce barriers that prevent Direct Loan borrowers working in public service jobs from getting their debts cancelled after ten years in repayment, counting more types of payment towards forgiveness, counting more types of deferment and forbearance towards the ten years, creating a process to receive credit for periods of ineligible forbearance and deferment, and counting payments on Direct Loans before consolidation.  The new rule clarifies which organizations are qualifying “public service” organizations and simplifies what counts as “full time employment.”  A reconsideration process for borrowers whose applications are denied is formalized.  See 87 Fed. Reg. 65,904, 66,063–66,066 (Nov. 1, 2022). 

Dep’t of Education Regulations, Interest Capitalization: Effective July 1, new rules reduce the amount Direct Loan borrowers will ultimately be charged on their loans by ending interest capitalization except where it is required by Congress. Interest capitalization is when interest that has not yet been paid is added to the borrower’s principal balance, causing even more interest to be charged.

VA Mortgages:  On July 23, 2021, the VA issued a revision of the post-forbearance options available to borrowers facing COVID-19 hardships through VA Circular 26-21-13. The circular included VA’s COVID-19 Home Retention Waterfall (“VA waterfall”).  VA Circular 26-21-13 is scheduled for rescission on July 1, 2023.

California Coerced Debt: California SB 975, for debts incurred after July 1, 2023, requires a collector to cease collection until it completes a review when the debtor provides documentation and a sworn statement that the debt was coerced. A person who coerces a debt is civilly liable. The bill would also create a right of action that would allow a debtor to bring an action or file a cross-complaint against the collector to establish that a particular debt is coerced and would give the debtor remedies upon prevailing in such an action.

Colorado Data Privacy:  Effective July 1, Colo. Rev. Stat. §§ 6-1-1301 to 6-1-1313 give consumers the right to access personal data and correct inaccuracies in personal data or delete that personal data.  Consumers also have a right to opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or in certain other contexts.

Connecticut Data Privacy:  Effective July 1, Connecticut Public Act No. 22-15 gives consumers the right to access personal data and correct inaccuracies in personal data or delete that personal data.  Consumers also have a right to opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or in certain other contexts.

Michigan Property Taxes.  Effective March 2, 2020, and until July 1, 2023, Mich. Comp. Laws § 211.78g(8) provides several methods of redemption amount payment reductions applicable to property for which delinquent property taxes remain unpaid.

July 3, 2023: Alternative Indices for Adjustable-Rate Loans

Alternative Indices for Adjustable-Rate Loans:  Because the LIBOR, a commonly used interest rate index will cease to be available as of June 30, 2023, federal law requires replacement indices for LIBOR for adjustable-rate loans be in place by July 3, 2023. See 12 U.S.C. § 5803. A safe harbor is created for loans using a spread-adjusted SOFR. 12 U.S.C. § 5804. See also Federal Reserve Board Regulation ZZ expected to be published in the Federal Register in January 2023; CFPB Official Interpretations to Reg. Z § 1026.40(f)(3)(ii)(A)-1, -2 (HELOCs); CFPB Official Interpretations to Reg. Z § 1026.55(b)(7)(i)-1 (credit cards); Fannie Mae Announces Replacement Rates for Legacy LIBOR Products (Dec. 22,2022).

July 2023: FCC Limits on Robocalls

FCC Limits on Robocalls: The FCC on December 27, 2022, issued a new rule that limits to 3 the number of prerecorded debt collection or informational, non-telemarketing calls that a caller can make to a residential line (including landlines) in a thirty-day period unless the consumer has consented to more frequent calls. The calls must also include an automated, interactive opt-out mechanism, and callers are prohibited from calling after the consumer has requested that the calls stop.  The new rule goes into effect six months after publication in the Federal Register, so that it will probably go into effect in mid-July 2023.  

 

August 9, 2023: Colorado Homeowner Association Collections

Colorado Homeowner Association Collections: Colorado HB 1137, effective August 9, 2023, places restrictions on homeowner association collection practices, authorizing certain uses of small claims court and limiting conduct to collect unpaid assessments, fees, and fines.

August 29, 2023:  Federal Student Loan Payment Pause??

Federal Student Loan Payment Pause: The payment pause on federal student loans was extended into 2023, until sixty days after the Department of Education is permitted to implement its debt relief program (cancellation of $10,000 or $20,000 in student loans) or litigation is resolved (including two cases to be argued before the Supreme Court on February 28, 2023).  If neither event happens by June 30, 2023, then borrowers must start making payments again sixty days after June 30, which would be August 29, 2023.

September 1, 2023:  TILA Disclosures re Index Rates; California Garnishment; Minnesota Debt Collection

Truth in Lending Act Disclosures re Index Rates: October 1, 2023, is the mandatory compliance date for an exception to the general rule that a creditor is not required to provide notice when the change involves a reduction in the finance charge.  Effective October 1, creditors must provide notice of a reduction in the finance charge when that involves a change in the margin when a LIBOR index is replaced. This change applies to home equity lines of credit and to open open-end credit.  See 86 Fed. Reg. 69,716 (Dec. 8, 2021).

California Garnishment: Effective September 1, 2023, pursuant to California SB 1477, garnishment is limited to the lesser of 20% of disposable earnings or 40% of the amount by which earnings exceed the greater of 48 times the state or local minimum wage. Cal. Civ. Proc. Code § 706.050 (West). (Prior to that date, the lesser of 25% of disposable earnings or 50% of the amount by which earnings exceed 40 times the state or federal minimum wage can be garnished.) Larger exemptions are available if debtor can prove need: “the portion of the judgment debtor’s earnings which the judgment debtor proves is necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor is exempt from levy under this chapter.” Cal. Civ. Proc. Code § 706.051 (West).

Minnesota Debt Collection: Effective September 1, pursuant to Minnesota SF 2922, debt collectors in Minnesota must send out with the first written communication (whether by mail, email or text) a state-developed form listing state-approved non-profit consumer credit counselors.

December 1, 2023: Bankruptcy

Bankruptcy:  Changes are likely to go into effect, amending Bankruptcy Rules 3011, 8003, 9006, adding new Rule 9038 dealing with rules emergencies, and amending Official Forms 101, 309E1, 309E2, and 417A.

December 31, 2023:  Utah Data Privacy

Utah Data Privacy: Effective December 31, the Utah Consumer Privacy Act, Utah S.B. 227, gives consumers the right to access personal data and correct inaccuracies in or delete that personal data.  Consumers also have a right to opt out of processing of personal data for purposes of targeted advertising, the sale of personal data, or in certain other contexts.