BlackletterCalifornia law

DIVISION 25. Debt Collection Licensing Act [100000. - 100025.]

Division 25 added by Stats. 2020, Ch. 163, Sec. 3.

§§ 100000–100025 · 29 sections

  1. CHAPTER 1. General Provisions §§ 100000–100002 · 5 sections
    1. ARTICLE 1. Short Title §§ 100000–100000.7 · 3 sections
      • § 100000 This division shall be known, and may be cited, as the Debt Collection Licensing Act.
      • § 100000.5 (a) The commissioner shall allow any debt collector that submits an application before January 1, 2023, to operate pending the approval or denial of the…
      • § 100000.7 No county, city, or other political subdivision within this state shall require a debt collector to be licensed or to register as a debt collector.
    2. ARTICLE 2. Requirements for Licensure § 100001 · 1 section
      • § 100001 (a) No person shall engage in the business of debt collection in this state without first obtaining a license pursuant to this division. To the extent…
    3. ARTICLE 3. Definitions § 100002 · 1 section
      • § 100002 For purposes of this division, the following terms have the following meanings: (a) “Applicant” means a person, including a natural person, partnership,…
  2. CHAPTER 2. Licensing §§ 100003–100017 · 17 sections
    1. ARTICLE 1. Commissioner on Financial Protection and Innovation §§ 100003–100006.5 · 7 sections
      • § 100003 (a) The commissioner shall administer this division and may adopt rules and regulations, and issue orders, consistent with that authority. (b) Without…
      • § 100003.3 (a) The proceedings for a revocation of a license shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of…
      • § 100004 (a) Notwithstanding any law the commissioner shall have the authority to conduct investigations and examinations of an applicant or licensee as follows: (1)…
      • § 100005 (a) If, in the opinion of the commissioner, a person who is required to be licensed under this division is engaged in business as a debt collector without a…
      • § 100006 (a) Notwithstanding any law, the commissioner may by rule or order prescribe circumstances under which to accept electronic records or electronic signatures.…
      • § 100006.3 (a) The commissioner may require an applicant for a license to make some or all of the filings with the commissioner through the Nationwide Multistate…
      • § 100006.5 (a) The Debt Collection Licensing Fund is hereby established within the state treasury. (b) All licensing fees collected shall be deposited into the Fees…
    2. ARTICLE 2. Application for Licensure §§ 100007–100014 · 7 sections
      • § 100007 An applicant shall apply for a license by submitting all of the following to the commissioner: (a) A completed application for a license in a form prescribed…
      • § 100008 (a) The commissioner shall require a background investigation of each applicant by means of a Federal Bureau of Investigation criminal history record check of…
      • § 100009 (a) (1) Upon the filing of an application for a license pursuant to Section 100007 and the payment of the fees, if the applicant is a partnership, the…
      • § 100011 (a) When the application is complete, including the information from the Department of Justice, and the commissioner determines that the applicant has…
      • § 100012 (a) The proceedings for a denial of a license shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title…
      • § 100013 (a) The commissioner may deem an application for a license abandoned if the applicant fails to respond to any request for information required by the…
      • § 100014 A license shall remain effective until the license is either suspended or revoked by the commissioner or surrendered by the licensee.
    3. ARTICLE 3. Nationwide Multistate Licensing System and Registry §§ 100015–100017 · 3 sections
      • § 100015 (a) The commissioner is authorized to establish relationships or contracts with the Nationwide Multistate Licensing System & Registry or other entities…
      • § 100016 (a) Except as otherwise provided in Section 1512 of the SAFE Act (12 U.S.C. Sec. 5111(a)), the requirements under any federal law or the Information Practices…
      • § 100017 The commissioner shall report regularly violations of this division, as well as enforcement actions and other relevant information, to the Nationwide…
  3. CHAPTER 3. Licensee Duties §§ 100018–100022 · 5 sections
    • § 100018 (a) A licensee shall notify the commissioner, in writing, of any change in the information provided in the application for a license, as applicable, not later…
    • § 100019 A licensee shall do all of the following: (a) Develop policies and procedures reasonably intended to promote compliance with this division. (b) File with the…
    • § 100020 (a) Each licensee shall pay to the commissioner its pro rata share of all costs and expenses reasonably incurred in the administration of this division, as…
    • § 100021 (a) A licensee shall file an annual report with the commissioner, on or before March 15, that contains all relevant information that the commissioner…
    • § 100022 A licensee that ceases to engage in debt collection shall inform the commissioner in writing and surrender the license and all other indicia of license to the…
  4. CHAPTER 4. Periodic Examination of Licensees § 100023 · 1 section
    • § 100023 (a) As often as the commissioner deems necessary and appropriate, the commissioner shall examine the affairs of each licensee for compliance with this…
  5. CHAPTER 5. Advisory Committee § 100025 · 1 section
    • § 100025 (a) There is within the Department of Financial Protection and Innovation, a Debt Collection Advisory Committee. (b) The Debt Collection Advisory Committee…