(a)The Legislature makes the following findings:
(1)The banking and credit system and grantors of credit to consumers are dependent upon the collection of just and owing debts. Unfair or deceptive collection practices undermine the public confidence, which is essential to the continued functioning of the banking and credit system and sound extensions of credit to consumers and small businesses.
(2)There is need to ensure that debt collectors and debtors exercise their responsibilities to one another with fairness, honesty and due regard for the rights of the other.
(b)It is the purpose of this title to prohibit debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer debts and small business debts and to require debtors to act fairly in entering into and honoring those debts, as specified in this title.
(c)Nothing in this title is intended to create or impose an additional licensing requirement under Division 25 (commencing with Section 100000) of the Financial Code on a debt collector with respect to the collection of covered commercial debt or covered commercial credit.
(d)The provisions of this title related to covered commercial credit or covered commercial debt
apply to covered commercial credit or covered commercial debt entered into, renewed, sold, or assigned on or after July 1, 2025.
Notes of Decisions
Camacho v. Auto. Club of So. California, 2006 Cal. Daily Op. Serv. 8760 (Cal. Ct. App. 2006).
“” (Civ. Code, § 1788.1, subd. (b).) 8 Section 17200 provides: “As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter…”
Nelson v. Equifax Info. Servs., LLC, 522 F. Supp. 2d 1222 (C.D. Cal. 2007).
· cites it 2× “§ 1681s-2 of the Fair Credit Reporting Act ("FCRA”) and Cal. Civ.Code § 1788.1 of the California FDCPA were dismissed with prejudice in response to Defendant's motion for summary judgment.”
Rockridge Trust v. Wells Fargo, N.A., 985 F. Supp. 2d 1110 (N.D. Cal. 2013).
“” Cal Civ.Code § 1788.1. In addition to setting forth its own standards governing debt-collection practices, the Rosenthal Act also provides that, with limited exceptions, “every debt collector collecting or attempting to collect a consumer debt shall comply with the provisions…”
Jensen v. Quality Loan Serv. Corp., 702 F. Supp. 2d 1183 (E.D. Cal. 2010).
“” Cal. Civ.Code § 1788.1. Under the RFDCPA, a “debt collector” is defined as “any person who, in the ordinary course of business, regularly, on behalf of himself or herself or others, engages in debt collection.”
Mulato v. Wells Fargo Bank, N.A., 76 F. Supp. 3d 929 (N.D. Cal. 2014).
· cites it 2× “Additionally, Mulato’s ninth cause of action alleges that Wells Fargo violated California’s Rosenthal Fair Debt Collection Practices Act, Cal. Civ.Code §§ 1788.1, et seq., which was enacted, in part, “to prohibit debt collectors from engaging in unfair or deceptive acts or…”
Robinson v. Managed Accounts Receivables Corp., 654 F. Supp. 2d 1051 (C.D. Cal. 2009).
“See Cal. Civ.Code § 1788.1. Plaintiffs complaint alleges that, as defined by the California FDCPA, Defendants are “debt collectors”, Plaintiff is a “debtor”, and the debt at issue is a “consumer debt.”
Joseph v. J.J. Mac Intyre Companies, LLC, 281 F. Supp. 2d 1156 (N.D. Cal. 2003).
“”); Cal. Civil Code § 1788.1 (b) (“It is the purpose of this title to prohibit debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer debts .”
Walters v. Fid. Mortg. of California, Inc., 730 F. Supp. 2d 1185 (E.D. Cal. 2010).
“” Cal. Civ.Code § 1788.1(b). The RFDCPA defines a “debt collector” as “any person who, in the ordinary course of business, regularly, on behalf of himself or herself of others, engages in debt collection.”
Hamilton v. Bank of Blue Valley, 746 F. Supp. 2d 1160 (E.D. Cal. 2010).
“” Cal. Civ.Code, § 1788.1(b). The RFDCPA defines “debt collector” as “any person who, in the ordinary course of business, regularly, on behalf of himself or herself or others, engages in debt collection.”
Huy Thanh Vo v. Nelson & Kennard, 931 F. Supp. 2d 1080 (E.D. Cal. 2013).
“As there is no similar, alternative' regulatory regime for “law firms,” to exempt them would undermine the public policy articulated in Cal. Civ.Code § 1788.1(b): “to prohibit debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer…”
— Cal. Civil Code § 1788.1(b) — 13 cases
Walters v. Fid. Mortg. of California, Inc., 730 F. Supp. 2d 1185 (E.D. Cal. 2010).
“” Cal. Civ.Code § 1788.1(b). The RFDCPA defines a “debt collector” as “any person who, in the ordinary course of business, regularly, on behalf of himself or herself of others, engages in debt collection.”
Hamilton v. Bank of Blue Valley, 746 F. Supp. 2d 1160 (E.D. Cal. 2010).
“” Cal. Civ.Code, § 1788.1(b). The RFDCPA defines “debt collector” as “any person who, in the ordinary course of business, regularly, on behalf of himself or herself or others, engages in debt collection.”
Huy Thanh Vo v. Nelson & Kennard, 931 F. Supp. 2d 1080 (E.D. Cal. 2013).
“As there is no similar, alternative' regulatory regime for “law firms,” to exempt them would undermine the public policy articulated in Cal. Civ.Code § 1788.1(b): “to prohibit debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer…”
Nelson v. Equifax Info. Servs., LLC, 522 F. Supp. 2d 1222 (C.D. Cal. 2007).
“§ 1681s-2 of the Fair Credit Reporting Act ("FCRA”) and Cal. Civ.Code § 1788.1 of the California FDCPA were dismissed with prejudice in response to Defendant's motion for summary judgment.”
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