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Civil Code - CIV - CIV § 1788

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788

This title may be cited as the Rosenthal Fair Debt Collection Practices Act.

Civil Code - CIV - CIV § 1788.1

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.1

(a) The Legislature makes the following findings: (1) The banking and credit system and grantors of credit to consumers are dependent upon the collection of just and owing debts. Unfair or deceptive collection practices undermine the public confidence, which is essential to the c

Civil Code - CIV - CIV § 1788.10

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.10

No debt collector shall collect or attempt to collect a covered debt by means of the following conduct: (a) The use, or threat of use, of physical force or violence or any criminal means to cause harm to the person, or the reputation, or the property of any person. (b) The threat

Civil Code - CIV - CIV § 1788.100

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.100

For purposes of this title, the following definitions apply: (a) “Borrower” means either of the following: (1) A person who has received or agreed to pay a student loan. (2) A person who shares responsibility for repaying a student loan with a person described in paragraph (1). (

Civil Code - CIV - CIV § 1788.101

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.101

(a) (1) A person shall not engage in abusive acts or practices when servicing a student loan in this state. (2) An act or practice is abusive in connection with the servicing of a student loan, if the act or practice does either of the following: (A) Materially interferes with th

Civil Code - CIV - CIV § 1788.102

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.102

Except to the extent that this section is inconsistent with any provision of federal law or regulation, and then only to the extent of the inconsistency, a student loan servicer shall do all of the following: (a) Post and process student loan payments in a timely manner pursuant

Civil Code - CIV - CIV § 1788.103

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.103

(a) A student loan servicer shall do both of the following: (1) Comply with this title. (2) Comply with all applicable federal laws relating to student loan servicing, as from time to time amended, and the regulations promulgated thereunder. (b) Any consumer who suffers damage as

Civil Code - CIV - CIV § 1788.104

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.104

(a) Not later than 180 days following the operative date of this chapter, the commissioner shall designate a Student Loan Ombudsman to work within the department. The Student Loan Ombudsman shall hire additional staff as necessary to implement this section. (b) The Student Loan O

Civil Code - CIV - CIV § 1788.105

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.105

(a) The commissioner may monitor for risks to consumers in the provision of student loan servicing in this state, including developments in the market for those services, by compiling and analyzing data and other information based on any of the following considerations: (1) The l

Civil Code - CIV - CIV § 1788.106

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.106

Any waiver of a provision of this title is contrary to public policy and is void and unenforceable.

Civil Code - CIV - CIV § 1788.11

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.11

No debt collector shall collect or attempt to collect a covered debt by means of the following practices: (a) Using obscene or profane language. (b) Placing a telephone call without disclosing the caller’s identity, provided that an employee of a licensed collection agency may id

Civil Code - CIV - CIV § 1788.12

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.12

No debt collector shall collect or attempt to collect a covered debt or consumer debt, as specified, by means of the following practices: (a) Communicating with the debtor’s employer regarding the debtor’s consumer debt unless such a communication is necessary to the collection o

Civil Code - CIV - CIV § 1788.13

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.13

No debt collector shall collect or attempt to collect a covered debt by means of the following practices: (a) Any communication with the debtor other than in the name either of the debt collector or the person on whose behalf the debt collector is acting. (b) Any false representa

Civil Code - CIV - CIV § 1788.14

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.14

No debt collector shall collect or attempt to collect a covered debt by means of the following practices: (a) Obtaining an affirmation from a debtor of a covered debt that has been discharged in bankruptcy, without clearly and conspicuously disclosing to the debtor, in writing, a

Civil Code - CIV - CIV § 1788.14.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.14.5

(a) A debt collector to which delinquent debt has been assigned shall provide to the debtor, upon the debtor’s written request, a statement that includes all of the following information pursuant to subdivision (c): (1) That the debt collector has authority to assert the rights o

Civil Code - CIV - CIV § 1788.15

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.15

(a) No debt collector shall collect or attempt to collect a covered debt by means of judicial proceedings when the debt collector knows that service of process, where essential to jurisdiction over the debtor or their property, has not been legally effected. (b) No debt collector

Civil Code - CIV - CIV § 1788.16

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.16

It is unlawful, with respect to attempted collection of a covered debt, for a debt collector, creditor, or an attorney to send a communication that simulates legal or judicial process or that gives the appearance of being authorized, issued, or approved by a governmental agency o

Civil Code - CIV - CIV § 1788.17

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.17

Notwithstanding any other provision of this title, every debt collector collecting or attempting to collect a consumer debt shall comply with the provisions of Sections 1692b to 1692j, inclusive, of, and shall be subject to the remedies in Section 1692k of, Title 15 of the United

Civil Code - CIV - CIV § 1788.18

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.18

(a) Upon receipt from a debtor of all of the following, a debt collector shall cease collection activities until completion of the review provided in subdivision (d): (1) A copy of a Federal Trade Commission (FTC) identity theft report, completed and signed by the debtor. The deb

Civil Code - CIV - CIV § 1788.185

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.185

(a) The complaint in an action brought by a debt collector for debt that originated with a general acute care hospital licensed pursuant to subdivision (a) of Section 1250 of the Health and Safety Code shall allege all of the following: (1) That the plaintiff is a debt collector.

Civil Code - CIV - CIV § 1788.2

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.2

(a) Definitions and rules of construction set forth in this section are applicable for the purpose of this title. (b) The term “debt collection” means any act or practice in connection with the collection of covered debts. (c) The term “debt collector” means any person who, in th

Civil Code - CIV - CIV § 1788.20

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.20

In connection with any request or application for covered credit, no person shall: (a) Request or apply for that credit at a time when that person knows there is no reasonable probability of that person’s being able, or that person then lacks the intention, to pay the obligation

Civil Code - CIV - CIV § 1788.200

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.200

This title shall be known and may be cited as the Private Student Loan Collections Reform Act.

Civil Code - CIV - CIV § 1788.201

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.201

For purposes of this title, the following definitions apply: (a) “Borrower” or “student loan borrower” means a person who has received or agreed to pay a private education loan. (b) “Consumer report” and “consumer reporting agency” shall each have the same meaning that these term

Civil Code - CIV - CIV § 1788.202

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.202

(a) A private education lender or a private education loan collector shall not make any written statement to a debtor in an attempt to collect a private education loan unless the private education lender or private education loan collector possesses the following information: (1)