SB 233, as introduced, Leno. Fair debt collection practices.
The Rosenthal Fair Debt Collection Practices Act regulates the collection of debts and defines relevant terms for the purposes of its provisions.
This bill would make technical, nonsubstantive changes to the definitions in the act.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1788.2 of the Civil Code is amended to
(a) Definitions and rules of construction set forth in
4this section are applicable for the purpose of this title.
5(b) The term “debt collection” means any act or practice in
6connection with the collection of consumer debts.
7(c) The term “debt collector” means any person who, in the
8ordinary course of business, regularly, on behalf of himself or
9herself or others, engages in debt collection. The term includes
10any person who composes and sells, or offers to compose and sell,
11forms, letters, and other collection media used or intended to be
P2 1used for debt collection, but does not include an attorney or
2counselor at law.
3(d) The term “debt” means money, property
or their equivalent
4 which is due or owing or alleged to be due or owing from a natural
5person to another person.
6(e) The term “consumer credit transaction” means a transaction
7between a natural person and another person in which property,
8services or money is acquired on credit by that natural person
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other person primarily for personal, family, or
11(f) The terms “consumer debt” and “consumer credit” mean
12money, property or their equivalent, due or owing or alleged to
13be due or owing from a natural person by reason of a consumer
15(g) The term “person” means a natural person, partnership,
16corporation, limited liability company, trust, estate, cooperative,
17association or other similar entity.
18(h) Except as provided in Section 1788.18, the term “debtor”
19means a natural person from whom a debt collector seeks to collect
20a consumer debt
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21and owing from
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22(i) The term “creditor” means a person who extends consumer
23credit to a debtor.
24(j) The term “consumer credit report” means any written,
25oral or other communication of any information by a consumer
26reporting agency bearing on a consumer’s creditworthiness, credit
27standing, credit capacity, character, general reputation, personal
28characteristics or mode of living which is used or expected to be
29used or collected in whole or in part for the purpose of serving as
30a factor in establishing the consumer’s eligibility for (1) credit or
31insurance to be used primarily for person, family, or household
32purposes, or (2) employment purposes, or (3) other purposes
33authorized under any applicable federal or state law or regulation.
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35term does not include
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37containing information solely as to transactions or
38experiences between the consumer and the person making the
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P3 1or approval of a specific extension of credit
2directly or indirectly by the issuer of a credit card or similar
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3or (c) any reportend delete
4in which a person who has been requested by a
5third party to make a specific extension of credit directly or
6indirectly to a consumer conveys his or her decision with respect
7to that request, if the third party advises the consumer of the name
8and address of the person to whom the request was made and
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9 person makes the disclosures to the consumer required under
10any applicable federal or state law or regulation.
11(k) The term “consumer reporting agency” means
begin delete any person , for monetary fees,
dues, or on a cooperative
13nonprofit basis, regularly engages, in whole or in part, in the
14practice of assembling or evaluating consumer credit information
15or other information on consumers for the purpose of furnishing
16consumer credit reports to third parties, and
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uses any means
17or facility for the purpose of preparing or furnishing consumer