{"code":"CIV","codeName":"Civil Code","section":"1788.301","citation":"Civ. Code, § 1788.301","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 3. OBLIGATIONS [1427. - 3273.91.]","url":"https://blackletter.si/civil-code/division-3"},{"name":"PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738. - 3273.91.]","url":"https://blackletter.si/civil-code/division-3/part-4"},{"name":"TITLE 1.6C.17. Fair Debt Settlement Practices [1788.300. - 1788.307.]","url":"https://blackletter.si/civil-code/division-3/part-4/title-1-6c-17-fair-debt-settlement-practices"},{"name":"CHAPTER 1. General Provisions [1788.300. - 1788.302.]","url":"https://blackletter.si/civil-code/division-3/part-4/title-1-6c-17-fair-debt-settlement-practices/chapter-1"}],"history":"Added by Stats. 2021, Ch. 454, Sec. 1.   (AB 1405)   Effective January 1, 2022.","effective":"2022-01-01","html":"<p>For purposes of this title:</p><p>(a) “Debt settlement provider” means a person who, for compensation and on behalf of a consumer, provides debt settlement services.</p><p>(b) “Debt settlement services” means any of the following:</p><p>(1) Providing advice, or offering to act or acting as an intermediary, including, but not limited to, offering debt negotiation, debt reduction, or debt relief services between a consumer and one or more of the consumer’s creditors, if the primary purpose of that advice or action is to obtain a settlement for less than the full amount of the debt.</p><p>(2) Advising, encouraging, or counseling a consumer to accumulate funds in an account for future payment of a reduced amount of debt to one or more of the consumer’s creditors.</p><p>(c) “Settlement account” means a depository account established and used for the purpose of holding funds of a consumer to be distributed to a creditor in the event of a settlement of a consumer’s debt with the creditor.</p><p>(d) “Consumer” means a person who is allegedly legally responsible for a debt.</p><p>(e) “Person” means a natural person or entity, whether a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.</p><p>(f) “Creditor” means the person who originated the debt or is assigned, or has purchased for collection, a debt for which a consumer is allegedly legally responsible.</p><p>(g) “Debt” means money, whether in principal, interest, fees, or other charges, which is due or owing or alleged to be due or owing from a natural person to another person and incurred primarily for personal, family, or household purposes.</p><p>(h) “Payment processor” means a person who provides payment processing services.</p><p>(i) “Payment processing services” means accepting, maintaining, holding, or distributing funds, or facilitating the acceptance, maintenance, holding, or distribution of funds, on behalf of a consumer for the purpose of facilitating debt settlement services.</p>","text":"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 intermediary, including, but not limited to, offering debt negotiation, debt reduction, or debt relief services between a consumer and one or more of the consumer’s creditors, if the primary purpose of that advice or action is to obtain a settlement for less than the full amount of the debt. (2) Advising, encouraging, or counseling a consumer to accumulate funds in an account for future payment of a reduced amount of debt to one or more of the consumer’s creditors. (c) “Settlement account” means a depository account established and used for the purpose of holding funds of a consumer to be distributed to a creditor in the event of a settlement of a consumer’s debt with the creditor. (d) “Consumer” means a person who is allegedly legally responsible for a debt. (e) “Person” means a natural person or entity, whether a corporation, partnership, association, trust, limited liability company, cooperative, or other organization. (f) “Creditor” means the person who originated the debt or is assigned, or has purchased for collection, a debt for which a consumer is allegedly legally responsible. (g) “Debt” means money, whether in principal, interest, fees, or other charges, which is due or owing or alleged to be due or owing from a natural person to another person and incurred primarily for personal, family, or household purposes. (h) “Payment processor” means a person who provides payment processing services. (i) “Payment processing services” means accepting, maintaining, holding, or distributing funds, or facilitating the acceptance, maintenance, holding, or distribution of funds, on behalf of a consumer for the purpose of facilitating debt settlement services.","otherVersions":[],"url":"https://blackletter.si/civil-code/general-provisions-1788-301","source":"California Legislative Information bulk export (pubinfo)"}