Fair Debt Collection Practices

Civil Code Division 3, Part 4, Title 1.6C deals with fair debt collection practices in California. Article 1 contains general provisions. Section 1788 names this title the Rosenthal Fair Debt Collection Practices Act.

Section 1788.1 contains two legislative findings, as well as a legislative purpose. Nothing in this title is intended to create or impose an additional licensing requirement on a debt collector with respect to the collection of covered commercial debt or covered commercial credit.

Section 1788.2 states that the definitions and rules of construction set forth in this section are applicable for the purpose of this title. The following terms are defined: “debt collection,” “debt collector,” “debt,” “consumer credit transaction,” “consumer debt,” “consumer credit,” “person,” “debtor,” “creditor,” “consumer credit report,” “consumer reporting agency,” “covered debt,” “covered credit,” “covered commercial debt,” “covered commercial credit,” “covered commercial credit transaction,” and “trade credit.”

Section 1788.3 explains that nothing contained in this title is to be construed to prohibit a credit union from providing information to an employer when the employer is ordinarily and necessarily entitled to receive such information because he is an employee, officer, committee member, or agent of such credit union.