Bill Text: CA SB233 | 2013-2014 | Regular Session | Introduced

California Senate Bill 233 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Debt buying.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2013-07-11 - Chaptered by Secretary of State. Chapter 64, Statutes of 2013. [SB233 Detail]

Download: California-2013-SB233-Introduced.html

BILL NUMBER: SB 233	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Leno and Correa

                        FEBRUARY 11, 2013

   An act to amend Section 1788.2 of the Civil Code, relating to debt
collection.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 233, as introduced, Leno. Fair debt collection practices.
   The Rosenthal Fair Debt Collection Practices Act regulates the
collection of debts and defines relevant terms for the purposes of
its provisions.
   This bill would make technical, nonsubstantive changes to the
definitions in the act.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1788.2 of the Civil Code is amended to read:
   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 or practice in
connection with the collection of consumer debts.
   (c) The term "debt collector" means any person who, in the
ordinary course of business, regularly, on behalf of himself or
herself or others, engages in debt collection. The term includes any
person who composes and sells, or offers to compose and sell, forms,
letters, and other collection media used or intended to be used for
debt collection, but does not include an attorney or counselor at
law.
   (d) The term "debt" means money, property  ,  or their
equivalent  ,  which is due or owing  ,  or alleged
to be due or owing  ,  from a natural person to another
person.
   (e) The term "consumer credit transaction" means a transaction
between a natural person and another person in which property,
services  ,  or money is acquired on credit by that natural
person from  such   the  other person
primarily for personal, family, or household purposes.
   (f) The terms "consumer debt" and "consumer credit" mean money,
property  ,  or their equivalent, due or owing  , 
or alleged to be due or owing  ,  from a natural person by
reason of a consumer credit transaction.
   (g) The term "person" means a natural person, partnership,
corporation, limited liability company, trust, estate, cooperative,
association  ,  or other similar entity.
   (h) Except as provided in Section 1788.18, the term "debtor" means
a natural person from whom a debt collector seeks to collect a
consumer debt  which   that  is due and
owing  ,  or alleged to be due and owing  ,  from
 such   that  person.
   (i) The term "creditor" means a person who extends consumer credit
to a debtor.
   (j)  (1)    The term "consumer credit report"
means any written, oral  ,  or other communication of any
information by a consumer reporting agency bearing on a consumer's
creditworthiness, credit standing, credit capacity, character,
general reputation, personal characteristics or mode of living which
is used or expected to be used or collected in whole or in part for
the purpose of serving as a factor in establishing the consumer's
eligibility for (1) credit or insurance to be used primarily for
person, family, or household purposes, or (2) employment purposes, or
(3) other purposes authorized under any applicable federal or state
law or regulation.  The 
    (2)     The  term  "consumer
credit report   "  does not include  (a) any
report   any of the following: 
    (A)     A report  containing
information solely as to transactions or experiences between the
consumer and the person making the  report; (b) any
authorization   report. 
    (B)    An authorization  or approval
of a specific extension of credit directly or indirectly by the
issuer of a credit card or similar  device; or (c) any report
  device. 
    (C)     A report  in which a person
who has been requested by a third party to make a specific extension
of credit directly or indirectly to a consumer conveys his or her
decision with respect to that request, if the third party advises the
consumer of the name and address of the person to whom the request
was made and  such   that  person makes the
disclosures to the consumer required under any applicable federal or
state law or regulation.
   (k) The term "consumer reporting agency" means  any person
which   a person who , for monetary fees, dues, or
on a cooperative nonprofit basis, regularly engages, in whole or in
part, in the practice of assembling or evaluating consumer credit
information or other information on consumers for the purpose of
furnishing consumer credit reports to third parties, and 
which  uses any means or facility for the purpose of
preparing or furnishing consumer credit reports.