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Civil Code - CIV - CIV § 1788.52
Civil Code - CIV - CIV § 1788.52
(a) A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer possesses the following information: (1) That the debt buyer is the sole owner of the debt at issue or has authority to assert the rights of all owners
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Civil Code - CIV - CIV § 1788.54
Civil Code - CIV - CIV § 1788.54
(a) All settlement agreements between a debt buyer and a debtor shall be documented in open court or otherwise reduced to writing. The debt buyer shall ensure that a copy of the written agreement is provided to the debtor. (b) A debt buyer that receives payment on a debt shall pr
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Civil Code - CIV - CIV § 1788.56
Civil Code - CIV - CIV § 1788.56
A debt buyer shall not bring suit or initiate an arbitration or other legal proceeding to collect a consumer debt if the applicable statute of limitations on the debt buyer’s claim has expired.
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Civil Code - CIV - CIV § 1788.58
Civil Code - CIV - CIV § 1788.58
In an action brought by a debt buyer on a consumer debt: (a) The complaint shall allege all of the following: (1) That the plaintiff is a debt buyer. (2) The nature of the underlying debt and the consumer transaction or transactions from which it is derived, in a short and plain
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Civil Code - CIV - CIV § 1788.60
Civil Code - CIV - CIV § 1788.60
(a) In an action initiated by a debt buyer, no default or other judgment may be entered against a debtor unless business records, authenticated through a sworn declaration, are submitted by the debt buyer to the court to establish the facts required to be alleged by paragraphs (3
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Civil Code - CIV - CIV § 1788.61
Civil Code - CIV - CIV § 1788.61
(a) (1) 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 debt buyer and a default or default judgment has been entered against the person in the action, the
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Civil Code - CIV - CIV § 1788.62
Civil Code - CIV - CIV § 1788.62
(a) In the case of an action brought by an individual or individuals, a debt buyer that violates any provision of this title with respect to any person shall be liable to that person in an amount equal to the sum of the following: (1) Any actual damages sustained by that person a
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Civil Code - CIV - CIV § 1788.64
Civil Code - CIV - CIV § 1788.64
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
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Civil Code - CIV - CIV § 1788.66
Civil Code - CIV - CIV § 1788.66
Notwithstanding any other law, a person shall not sell or assign any unpaid COVID-19 rental debt, as defined in Section 1179.02 of the Code of Civil Procedure, for the time period between March 1, 2020, and September 30, 2021, of any person who would have qualified for rental ass
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Civil Code - CIV - CIV § 1788.90
Civil Code - CIV - CIV § 1788.90
This title shall be known, and may be cited, as the Educational Debt Collection Practices Act.
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Civil Code - CIV - CIV § 1788.91
Civil Code - CIV - CIV § 1788.91
The Legislature finds and declares all of the following: (a) Schools and colleges have threatened to withhold transcripts from students as a debt collection tactic. The practice can cause severe hardship by preventing students from pursuing educational and career opportunities, a
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Civil Code - CIV - CIV § 1788.92
Civil Code - CIV - CIV § 1788.92
For purposes of this title, the following terms shall have the following meanings: (a) “School” means any public or private postsecondary school, or any public or private entity, responsible for providing transcripts to current or former students of a school. (b) “Debt” means any
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Civil Code - CIV - CIV § 1788.93
Civil Code - CIV - CIV § 1788.93
Notwithstanding any provision of law, a school shall not do any of the following: (a) Refuse to provide a transcript for a current or former student on the grounds that the student owes a debt. (b) Condition the provision of a transcript on the payment of a debt, other than a fee
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Civil Code - CIV - CIV § 1788.94
Civil Code - CIV - CIV § 1788.94
Any waiver of a provision of this title is contrary to public policy and is void and unenforceable.
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Civil Code - CIV - CIV § 1789
Civil Code - CIV - CIV § 1789
The Legislature hereby finds and declares that it is in the public interest that consumers have comprehensive knowledge of services available through electronic commerce and to that end hereby enacts the Electronic Commerce Act of 1984.
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Civil Code - CIV - CIV § 1789.1
Civil Code - CIV - CIV § 1789.1
This title may be cited as “The Electronic Commerce Act of 1984.”
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Civil Code - CIV - CIV § 1789.10
Civil Code - CIV - CIV § 1789.10
This title shall be known and may be cited as the “Credit Services Act of 1984.”
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Civil Code - CIV - CIV § 1789.11
Civil Code - CIV - CIV § 1789.11
The Legislature finds and declares that: (a) The ability to obtain and use credit has become of great importance to consumers, who have a vital interest in establishing and maintaining their creditworthiness and credit standing. As a result, consumers who have experienced credit
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Civil Code - CIV - CIV § 1789.12
Civil Code - CIV - CIV § 1789.12
As used in this title: (a) “Communication” means the conveyance of any information regarding a debt, credit record, credit history, or credit rating, directly or indirectly, to any person by any means or through any medium. (b) “Consumer” means any natural person who is solicited
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Civil Code - CIV - CIV § 1789.13
Civil Code - CIV - CIV § 1789.13
A credit services organization and its salespersons, agents, representatives, and independent contractors who sell or attempt to sell the services of a credit services organization shall not do any of the following: (a) Charge or receive any money or other valuable consideration
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Civil Code - CIV - CIV § 1789.134
Civil Code - CIV - CIV § 1789.134
(a) A consumer credit reporting agency, creditor, debt collector, or debt buyer that knows that a consumer is represented by a credit services organization, and that also has knowledge of, or can readily ascertain the credit services organization’s name and address shall communic
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Civil Code - CIV - CIV § 1789.135
Civil Code - CIV - CIV § 1789.135
To protect against fraud and identity theft, when a credit services organization sends a written communication by facsimile, electronic mail, United States mail, overnight courier, or other means that contains personal information of a consumer, the credit services organization s
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Civil Code - CIV - CIV § 1789.14
Civil Code - CIV - CIV § 1789.14
Before the execution of a contract or agreement between the consumer and a credit services organization, the credit services organization shall provide the consumer a statement in writing containing all the information required by Section 1789.15. The credit services organization
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Civil Code - CIV - CIV § 1789.15
Civil Code - CIV - CIV § 1789.15
The information statement shall include all of the following: (a) A complete and detailed description of the services to be performed by the credit services organization for or on behalf of the consumer and the total amount the consumer will have to pay, or become obligated to pa
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Civil Code - CIV - CIV § 1789.16
Civil Code - CIV - CIV § 1789.16
(a) A credit services organization shall not provide any service to a consumer except pursuant to a written contract that complies with this section. Every contract between the consumer and a credit services organization for the purchase of the services of the credit services org