A bill has been introduced in the Virginia legislature that would augment what needs to be provided when a collection lawsuit is filed against a consumer.
The proposed legislation, Senate Bill 189, would amend the Virginia Consumer Protection Act to expand the information that must be disclosed in consumer debt collection proceedings. If enacted, the bill would require additional attorney-specific disclosures to be included in the initial pleading or any subsequent filing when a consumer debt collection lawsuit is brought. For companies operating in Virginia, or filing suits there through outside counsel, the bill is another example of a state taking a more hands-on approach to regulating how debts are collected through the court system.
Under the bill, any attorney of record involved in a consumer debt collection action would be required to provide the following details directly to the consumer within court filings:
- The attorney’s full name and Virginia State Bar number
- The attorney’s business address
- A direct telephone number and email address
- If different, the direct contact information for the office or individual responsible for handling the consumer’s account
These disclosures would need to appear in the initial pleading or in any later filing submitted by the attorney of record. The requirement would apply broadly to civil actions or legal proceedings seeking to collect or enforce a consumer debt.
The proposal is notable not only for what it adds, but for where it adds it. By placing the requirement inside the Virginia Consumer Protection Act’s list of prohibited practices, a failure to comply could expose creditors, law firms, and collection agencies to additional risk beyond traditional procedural consequences. Consumer protection statutes often carry enhanced remedies, and industry participants will likely scrutinize how enforcement could play out if the bill becomes law.
The bill has been referred to the Committee on General Laws and Technology.
