California Senate Bill SB233 Introduced / Bill

 BILL NUMBER: SB 233INTRODUCED 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.