To enact sections 1319.30, 1319.31, 1319.32, 1319.33, and 1319.34 of the Revised Code to prohibit debt collectors and creditors from failing to provide consumers with certain information regarding the consumer's debt.

Section 1. That sections 1319.30, 1319.31, 1319.32, 1319.33, and 1319.34 of the Revised Code be enacted to read as follows:

Sec. 1319.30. As used in sections 1319.30 to 1319.34 of the Revised Code:

(A) "Consumer" means a person residing in this state who owes or is alleged to owe a debt, or who has incurred or is alleged to have incurred liability for the debt in this state, including a comaker, guarantor, surety, parent, if the consumer is under eighteen years of age, or the consumer's guardian, executor, or administrator.

(B) "Creditor" means both of the following:

(1) A person to whom a debt is owed or alleged to be owed, including an agent, servant, or employee conducting business under the name of the person in this state;

(2) A person while collecting or attempting to collect any debt owed or due or asserted to be owed or due to another to the extent such activity is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement or to the extent such activity concerns a debt which was originated by such person, was not in default at the time it was obtained by such person, or was obtained by such person as a secured party in a commercial credit transaction involving the creditor.

(C)(1) "Debt" means both of the following:

(a) An actual or alleged past due obligation, claim, demand, note, or other similar liability of a consumer to pay money, arising out of a single account as a result of either of the following:

(i) A purchase, lease, or loan of goods, services, or real or personal property for personal, family, or household purposes;

(ii) A loan of money or extension of credit which is obtained primarily for personal, family, or household purposes.

(b) Any tax, assessment, interest, penalty, fee, or other collectable amount, owed to a political subdivision of this state.

(2) "Debt" does not mean either of the following:

(a) Money which is owed or alleged to be owed as a result of a loan secured by a purchase money mortgage on real estate;

(b) Any tax, assessment, interest, penalty, fee, or other collectable amount owed to the state or the United States.

(D)(1) "Debt collector" means all of the following:

(a) A person who is not a creditor conducting business in this state, is acting on behalf of a creditor, and engages or aids directly or indirectly in collecting a debt owed or alleged to be owed to a creditor or assignee of a creditor;

(b) An officer or employee of a creditor who uses a name other than the creditor's while collecting a debt for the creditor that would indicate that a third person is collecting or attempting to collect the debt;

(c) An attorney, whenever such attorney attempts to collect a debt, except in connection with the filing or service of pleadings or discovery or the prosecution of a lawsuit to reduce a debt to judgment;

(d) A person who sells or offers to sell forms represented to be a collection system, device, or scheme which is intended or designed to collect debts;

(e) A person, other than an elected or appointed official of any political subdivision of this state, who collects or attempts to collect a tax or assessment owed to any political subdivision of this state.

(2) "Debt collector" does not mean any of the following:

(a) An officer or employee of a creditor while collecting debts for the creditor in that creditor's name;

(b) A person while attempting to collect a debt on behalf of a creditor, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for creditors to whom the collector is so related or affiliated and if the principal business of the person is not the collection of debts;

(c) A person serving or attempting to serve legal process on another person in connection with the judicial enforcement of a debt;

(d) A person who is an elected or appointed official of any political subdivision of this state and who collects or attempts to collect a tax or assessment owed to the political subdivision which employs the person, while that person is acting within the scope of that person's elected or appointed position or employment.

Sec. 1319.31.  (A) No debt collector or creditor shall fail to provide a consumer with either of the following regarding a debt or judgment on the debt for which the consumer is subject:

(1) Written verification of the debt or judgment on the debt;

(2) Written notice informing the consumer that the applicable statute of limitations has expired on the debt or judgment on the debt or that the debt or judgment is no longer legally enforceable.

(B) The written verification under division (A)(1) of this section shall be the information specified in the "Fair Debt Collection Practices Act," 91 Stat. 879 (1977), 15 U.S.C. 1692g, as amended.

Sec. 1319.32. A violation of section 1319.31 of the Revised Code shall be deemed an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code.

Sec. 1319.33.  A consumer injured by a violation of section 1319.31 of the Revised Code shall have a cause of action and be entitled to the same relief available to a consumer under section 1345.09 of the Revised Code.

Sec. 1319.34.  All powers and remedies available to the attorney general to enforce sections 1345.01 to 1345.13 of the Revised Code are available to the attorney general to enforce sections 1319.30 to 1319.33 of the Revised Code.