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Code · California · Civil Code

§ 1788.301

308 words·~1 min read·/ca/civil-code/1788-301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.
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