Financial Relief Act of 2005

California’s Military and Veterans Code, in Division 3, Chapter 3.3, provides the “California Military Families Financial Relief Act of 2005.” Section 820 names the act. Section 821 defines the terms “service member,” “military orders,” and “military service.”

Section 822 prohibits any county recorder in this state from imposing a fee for the recordation of a power of attorney to act as the agent for a service member.

Section 823 provides that any service member who is in military service, or any spouse or legal dependent of that service member, may terminate, without penalty, a mobile telephony services contract that meets both of the specified requirements. Termination of the mobile telephony services contract is not effective until both of the specified conditions occur.

Section 823.5 says that no person or entity licensed under the Business and Professions Code, Corporations Code, Financial Code, or Insurance Code is allowed to market financial services or products to a service member or former service member, or the spouse of a service member or former service member, in a misleading or deceptive manner that suggests any of three specified items. This section does not apply to any bank or credit union. This section defines the terms “service member” and “former service member.”

Section 824 requires an institution to, upon request, grant an academic leave of absence for military service to any student who is a member of the active militia or a reserve component of the Armed Forces of the United States who is ordered to active duty. If requested by a student, no later than one year of the student’s release from military service, other than a dishonorable release, the institution must restore the student to the educational status the student had attained prior to being called to military service without loss of academic credits earned, scholarships or grants awarded, or tuition and other fees paid prior to the commencement of military service.

Section 825 requires the State Bar of California to waive the membership fees of any member who is a service member if all of three of the specified requirements are met.

Section 826 allows any service member who terminates a motor vehicle lease pursuant to the federal Servicemembers Civil Relief Act to be allowed by the lessor to make payment of any arrearages and other obligations that are due and unpaid at the time of termination of the lease in equal installments over a period equal to at least the period of military service.

Section 827 allows a qualified customer to apply for and receive shutoff protection from a service provider for a period of 180 days. The service provider may grant extensions after the initial 180-day period. A qualified customer may apply for shutoff protection for utility service by notifying the service provider that he or she is in need of assistance because of a reduction in household income as the result of a member of a qualified household being called to active duty status in the military. All service providers are required to do at least two specified items. This section defines the terms “service provider,” “qualified customer,” and “qualified household.”

Section 828 requires the Military Department to inform all members of the militia of the benefits and protections provided by this act, and of similar benefits and protections provided by any other law.

Section 829 states that a person violating any provision of this chapter is liable for actual damages, reasonable attorney’s fees, and costs incurred by the service member or other person entitled to the benefits and protections of this chapter.

Section 830 provides that any person who receives a good faith request from a service member for relief pursuant to this chapter and who believes the request is incomplete or otherwise not legally sufficient, or that the service member is not entitled to the relief requested, must, within 30 days of the request, provide the service member with a written response acknowledging the request, setting forth the person’s basis for believing or asserting that the request is incomplete or not legally sufficient, or that the service member is not entitled to the relief requested.