TITLE 1.6C. FAIR DEBT COLLECTION PRACTICES
Title 1.6C added by Stats. 1977, Ch. 907.
§§ 1788–1788.33 · 22 sections
ARTICLE 1. General Provisions §§ 1788–1788.3 · 4 sections
- § 1788 This title may be cited as the Rosenthal Fair Debt Collection Practices Act.
- § 1788.1 (a) The Legislature makes the following findings: (1) The banking and credit system and grantors of credit to consumers are dependent upon the collection of…
- § 1788.2 (a) Definitions and rules of construction set forth in this section are applicable for the purpose of this title. (b) The term “debt collection” means any act…
- § 1788.3 Nothing contained in this title shall be construed to prohibit a credit union chartered under Division 5 (commencing with Section 14000) of the Financial Code…
ARTICLE 2. Debt Collector Responsibilities §§ 1788.10–1788.185 · 11 sections
- § 1788.10 No debt collector shall collect or attempt to collect a covered debt by means of the following conduct: (a) The use, or threat of use, of physical force or…
- § 1788.11 No debt collector shall collect or attempt to collect a covered debt by means of the following practices: (a) Using obscene or profane language. (b) Placing a…
- § 1788.12 No debt collector shall collect or attempt to collect a covered debt or consumer debt, as specified, by means of the following practices: (a) Communicating…
- § 1788.13 No debt collector shall collect or attempt to collect a covered debt by means of the following practices: (a) Any communication with the debtor other than in…
- § 1788.14 No debt collector shall collect or attempt to collect a covered debt by means of the following practices: (a) Obtaining an affirmation from a debtor of a…
- § 1788.14.5 (a) A debt collector to which delinquent debt has been assigned shall provide to the debtor, upon the debtor’s written request, a statement that includes all…
- § 1788.15 (a) No debt collector shall collect or attempt to collect a covered debt by means of judicial proceedings when the debt collector knows that service of…
- § 1788.16 It is unlawful, with respect to attempted collection of a covered debt, for a debt collector, creditor, or an attorney to send a communication that simulates…
- § 1788.17 Notwithstanding any other provision of this title, every debt collector collecting or attempting to collect a consumer debt shall comply with the provisions of…
- § 1788.18 (a) Upon receipt from a debtor of all of the following, a debt collector shall cease collection activities until completion of the review provided in…
- § 1788.185 (a) The complaint in an action brought by a debt collector for debt that originated with a general acute care hospital licensed pursuant to subdivision (a) of…
ARTICLE 3. Debtor Responsibilities §§ 1788.20–1788.22 · 3 sections
- § 1788.20 In connection with any request or application for covered credit, no person shall: (a) Request or apply for that credit at a time when that person knows there…
- § 1788.21 (a) In connection with any covered credit existing or requested to be extended to a person, that person shall within a reasonable time notify the creditor or…
- § 1788.22 (a) In connection with any covered credit extended to a person under an account: (1) No such person shall attempt to consummate any covered credit transaction…
ARTICLE 4. Enforcement §§ 1788.30–1788.33 · 4 sections
- § 1788.30 (a) Any debt collector who violates this title with respect to any debtor shall be liable to that debtor only in an individual action, and his liability…
- § 1788.31 If any provision of this title, or the application thereof to any person or circumstances, is held invalid, the remaining provisions of this title, or the…
- § 1788.32 The remedies provided herein are intended to be cumulative and are in addition to any other procedures, rights, or remedies under any other provision of law.…
- § 1788.33 Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.