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.