Application of the Fair Debt Settlement Practices Act

Cal. CIV § 1788.304

California Statutes

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

Section 5000), and 5 (commencing with

Section 14000) of the Financial Code or under any law of this state or of the United States relating to banks or credit unions. (

b) Any nonprofit business organization that is certified as tax-exempt by the Internal Revenue Service and that does not receive compensation from the consumer for providing debt settlement services. (

c) Attorneys and law firms that meet all of the following criteria:

(1) The attorney or law firm does not charge for services regulated by this title.

(2) The fees and disbursements are not charges or costs shared, directly or indirectly, with a debt settlement provider.

(3) Any of the following is true: (

A) The attorney or law firm is retained by a consumer for the purpose of legal representation in consumer debt litigation. (

B) The attorney or law firm provides debt settlement services pursuant to representation by retainer for a debt collection matter that does not involve consumer debt. (

C) The attorney or law firm is retained by the consumer primarily for purposes other than the settlement of consumer debt. (

d) A merchant-owned credit or creditors association, or a member-owned, member-controlled, or member-directed association whose principal function is that of servicing the community as a reporting agency.

Document details

CollectionCalifornia Statutes
CitationCal. CIV § 1788.304
Date2022-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCIV1788.304.20214541

Application of the Fair Debt Settlement Practices Act

Cal. CIV § 1788.304

California Statutes

Application of the Fair Debt Settlement Practices Act

Cal. CIV § 1788.304

California Statutes

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

Section 5000), and 5 (commencing with

Section 14000) of the Financial Code or under any law of this state or of the United States relating to banks or credit unions. (

b) Any nonprofit business organization that is certified as tax-exempt by the Internal Revenue Service and that does not receive compensation from the consumer for providing debt settlement services. (

c) Attorneys and law firms that meet all of the following criteria:

(1) The attorney or law firm does not charge for services regulated by this title.

(2) The fees and disbursements are not charges or costs shared, directly or indirectly, with a debt settlement provider.

(3) Any of the following is true: (

A) The attorney or law firm is retained by a consumer for the purpose of legal representation in consumer debt litigation. (

B) The attorney or law firm provides debt settlement services pursuant to representation by retainer for a debt collection matter that does not involve consumer debt. (

C) The attorney or law firm is retained by the consumer primarily for purposes other than the settlement of consumer debt. (

d) A merchant-owned credit or creditors association, or a member-owned, member-controlled, or member-directed association whose principal function is that of servicing the community as a reporting agency.

Document details

CollectionCalifornia Statutes
CitationCal. CIV § 1788.304
Date2022-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCIV1788.304.20214541