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Civil Code - CIV - CIV § 1788.203

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.203

(a) All settlement agreements between a private education lender or private education loan collector and a debtor shall be documented in open court or otherwise reduced to writing. The private education lender or private education loan collector shall ensure that a copy of the wr

Civil Code - CIV - CIV § 1788.204

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.204

A private education lender or private education loan collector shall not bring suit or initiate an arbitration or other legal proceeding to collect a private education loan if the applicable statute of limitations for the private education lender’s or private education loan colle

Civil Code - CIV - CIV § 1788.205

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.205

In an action brought by a private education lender or private education loan collector to collect a private education loan: (a) The complaint shall allege all of the following: (1) The information required by paragraphs (1) to (11), inclusive, of subdivision (a) of Section 1788.2

Civil Code - CIV - CIV § 1788.206

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.206

(a) In an action initiated by a private education lender or private education loan collector, no default or other judgment may be entered against a defendant unless documents are submitted by the plaintiff to the court to establish the facts required to be alleged by paragraphs (

Civil Code - CIV - CIV § 1788.207

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.207

Notwithstanding Section 473.5 of the Code of Civil Procedure, if service of a summons has not resulted in actual notice to a person in time to defend an action brought by a private education lender or a private education loan collector and a default or default judgment has been e

Civil Code - CIV - CIV § 1788.208

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.208

(a) A person may bring a cause of action against a creditor, private education lender, or private education loan collector for a violation of any provision of this title in order to recover or obtain any of the following: (1) Damages in an amount equal to the sum of the following

Civil Code - CIV - CIV § 1788.209

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.209

Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.

Civil Code - CIV - CIV § 1788.21

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.21

(a) In connection with any covered credit existing or requested to be extended to a person, that person shall within a reasonable time notify the creditor or prospective creditor of any change in that person’s name, address, or employment. (b) Each responsibility set forth in sub

Civil Code - CIV - CIV § 1788.210

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.210

The provisions of this title are severable. If any provision of this title or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Civil Code - CIV - CIV § 1788.211

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.211

This title shall become operative on July 1, 2022.

Civil Code - CIV - CIV § 1788.22

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.22

(a) In connection with any covered credit extended to a person under an account: (1) No such person shall attempt to consummate any covered credit transaction thereunder knowing that credit privileges under the account have been terminated or suspended. (2) Each such person shall

Civil Code - CIV - CIV § 1788.3

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.3

Nothing contained in this title shall be construed to prohibit a credit union chartered under Division 5 (commencing with Section 14000) of the Financial Code or under the Federal Credit Union Act (Chapter 14 (commencing with Section 1751) of Title 12 of the United States Code) f

Civil Code - CIV - CIV § 1788.30

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.30

(a) Any debt collector who violates this title with respect to any debtor shall be liable to that debtor only in an individual action, and his liability therein to that debtor shall be in an amount equal to the sum of any actual damages sustained by the debtor as a result of the

Civil Code - CIV - CIV § 1788.300

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.300

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

Civil Code - CIV - CIV § 1788.301

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.301

For purposes of this title: (a) “Debt settlement provider” means a person who, for compensation and on behalf of a consumer, provides debt settlement services. (b) “Debt settlement services” means any of the following: (1) Providing advice, or offering to act or acting as an inte

Civil Code - CIV - CIV § 1788.302

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.302

(a) A debt settlement provider shall not engage in false, deceptive, or misleading acts or practices when providing debt settlement services. Without limiting the general application of the foregoing, an act or practice is false, deceptive, or misleading, in connection with provi

Civil Code - CIV - CIV § 1788.303

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.303

This title applies to persons providing payment processing services, debt settlement services, and persons purporting to engage in debt settlement services.

Civil Code - CIV - CIV § 1788.304

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.304

This title does not apply to any of the following: (a) Any person, or the person’s authorized agent, doing business under license and authority of the Commissioner of Financial Protection and Innovation under Divisions 1.1 (commencing with Section 1000), 2 (commencing with Sectio

Civil Code - CIV - CIV § 1788.305

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.305

(a) A debt settlement provider and a payment processor shall comply with this title. (b) A consumer may bring a cause of action against a debt settlement provider and a payment processor for violation of any provision of this title in order to recover or obtain any of the followi

Civil Code - CIV - CIV § 1788.306

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.306

Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.

Civil Code - CIV - CIV § 1788.307

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.307

The provisions of this title are severable. If any provision of this title or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Civil Code - CIV - CIV § 1788.31

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.31

If any provision of this title, or the application thereof to any person or circumstances, is held invalid, the remaining provisions of this title, or the application of such provisions to other persons or circumstances, shall not be affected thereby.

Civil Code - CIV - CIV § 1788.32

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.32

The remedies provided herein are intended to be cumulative and are in addition to any other procedures, rights, or remedies under any other provision of law. The enactment of this title shall not supersede existing administrative regulations of the Director of Consumer Affairs ex

Civil Code - CIV - CIV § 1788.33

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.33

Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.

Civil Code - CIV - CIV § 1788.50

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1788.50

(a) As used in this title: (1) “Debt buyer” means a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney-at-law for