California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 1.6C — Fair Debt Collection Practices, Article 1 — General Provisions, Section 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 just and owing debts. Unfair or deceptive collection practices undermine the public confidence, which is essential to the continued functioning of the banking and credit system and sound extensions of credit to consumers and small businesses.

(2) There is need to ensure that debt collectors and debtors exercise their responsibilities to one another with fairness, honesty and due regard for the rights of the other.

(b) It is the purpose of this title to prohibit debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer debts and small business debts and to require debtors to act fairly in entering into and honoring those debts, as specified in this title.

(c) Nothing in this title is intended to create or impose an additional licensing requirement under Division 25 (commencing with Section 100000) of the Financial Code on a debt collector with respect to the collection of covered commercial debt or covered commercial credit.

(d) The provisions of this title related to covered commercial credit or covered commercial debt apply to covered commercial credit or covered commercial debt entered into, renewed, sold, or assigned on or after July 1, 2025.

Notes

Establishes legislative findings that fair debt collection supports confidence in credit systems and declares the title’s purpose to prohibit unfair or deceptive collection practices and require fair debtor conduct. Sets covered-commercial-debt provisions applying to credit or debt entered into, renewed, sold, or assigned on or after July 1, 2025, without creating an additional licensing requirement under the specified Financial Code.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1788.1 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-1-6c/article-1/section-1788-1

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