California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 1.6C.17 — Fair Debt Settlement Practices, Chapter 1 — General Provisions, Section 1788.301

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.

Notes

Defines debt settlement provider, debt settlement services, settlement account, consumer, person, creditor, debt, payment processor, and payment processing services for the title. Debt settlement services include compensated advice or intermediation aimed at settling debt for less than the full amount and counseling a consumer to accumulate funds for future reduced-payment settlements.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1788.301 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-1-6c-17/chapter-1/section-1788-301

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