Relating to judicial actions and records by authorizing assistance by a small claims filing agent and modifying provisions relating to accessing protected information in court records

This bill relates to judicial actions and records by authorizing assistance by a small claims filing agent and modifying provisions relating to personal information in court records. Division I of the bill amends Code chapter 562A, the uniform residential landlord and tenant Act, and Code chapter 562B, the manufactured home communities or mobile home parks residential landlord and tenant Act, to authorize a small claims filing agent to assist a landlord, manager, or tenant in pursuing an authorized remedy as a small claim under Code chapter 631. A small claims filing agent is an individual who is not licensed to practice law in this state and who types information provided by the landlord, manager, or tenant on a form prescribed by the supreme court in a fillable document format or who electronically files a form prescribed by the supreme court with the district court sitting in small claims. Division I prohibits an individual that is a small claims filing agent from doing the following: (1) advising the landlord, manager, or tenant as to the grounds for the remedy or the legal effect of the form; or (2) providing a legal opinion or legal analysis beyond that which is required for compliance with the requirements of the form, timeliness and accuracy of preparation of the form, or data or information formatting required for electronic filing of documents associated with the small claim action. Division I of the bill specifies that the actions of a small claims filing agent authorized by the bill shall not be considered the practice of law.602 for purposes of engaging in activities governed by federal consumer protection laws, including but not limited to the following: (1) the federal Fair Credit Reporting Act; (2) the federal Gramm-Leach-Bliley Act; (3) the federal Health Insurance Portability and Accountability Act; (4) the federal Family Educational Rights and Privacy Act; and (5) the federal Driver’s Privacy Protection Act. The bill requires the supreme court to ensure secure electronic access for authenticated users through commercially reasonable authentication methods and provides that authenticated users shall be determined through a registration process or a contractual agreement with the user.