§ 1788.100. — 1788.100. (Amended by Stats. 2022, Ch. 452, Sec. 20.)

For purposes of this title, the following definitions apply:
(a)
“Borrower” means either of the following:
(1)
A person who has received or agreed to pay a student loan.
(2)
A person who shares responsibility for repaying a student loan with a person described in paragraph (1).
(b)
“Borrower with disabilities” means a borrower who a student loan servicer knows, or reasonably should know, is a person who has a disability, as defined in Section 54.
(c)
“Borrower working in public service” means a borrower who a student loan
servicer knows, or reasonably should know, is employed in a public service job, as defined in the Higher Education Act (20 U.S.C. Sec. 1087e(m)) and its implementing regulations.
(d)
“Commissioner” means the Commissioner of Financial Protection and Innovation.
(e)
“Department” means the Department of Financial Protection and Innovation.
(f)
“Engage in the business” means, without limitation, servicing student loans.
(g)
“In this state” means any activity of a person relating to servicing student loans that originates from this state and is directed to persons outside this state, that originates from outside this state and is directed to persons inside this state, or that originates inside this state and is directed to persons inside this state.
(h)
“Licensee” means a person licensed pursuant to the Student Loan Servicing Act (Division 12.5 (commencing with Section 28100) of the Financial Code).
(i)
“Military borrower” means any of the following:
(1)
A borrower who is one of the following:
(A)
A servicemember as defined in the Servicemember Civil Relief Act (50 U.S.C. Sec. 3911).
(B)
Self-identifies as a service member when interacting with a student loan servicer.
(C)
Is a service member as defined in Section 400 of the Military and Veterans Code.
(2)
A borrower who is a veteran of a branch of the Armed
Forces as defined in Section 101 of Title 38 of the United States Code.
(3)
An authorized representative of a borrower described in paragraph (1) or (2).
(j)
“Older borrower” means a borrower who a student loan servicer knows, or reasonably should know, is a senior citizen, as defined in Section 51.3.
(k)
“Overpayment” means a payment on a student loan account in excess of the monthly amount due from a borrower on a student loan, also commonly referred to as a prepayment.
(l)
“Partial payment” means a payment on a student loan account in an amount less than the current amount due from a borrower on the student loan account, also commonly referred to as an underpayment.
(m)
“Person” means
an individual, a corporation, a partnership, a limited liability company, an association, a trust, an unincorporated organization, a government, or a political subdivision of a government, and any other entity.
(n)
“Qualified request” means any inbound telephone call, the subject of which cannot be resolved in a single phone call, made by a borrower to a student loan servicer in which either the borrower requests specific information from the student loan servicer or reports what the borrower believes to be an error regarding the borrower’s account.
(o)
“Qualified written request” means a written correspondence made by a borrower, other than notice on a payment medium supplied by a student loan servicer, that is transmitted by mail, facsimile, or electronically through an email address or internet website designated by the student loan servicer to receive communications from a
borrower that does all of the following:
(1)
Enables the student loan servicer to identify the name and account of the borrower.
(2)
Includes a statement of the reasons for the belief by the borrower, to the extent applicable, that the account is in error or that provides sufficient detail to the servicer regarding information sought by the borrower, such as requesting a complete payment history for the loan or the borrower’s account, a copy of the borrower’s student loan promissory note, or the contact information for the creditor to whom the borrower’s student loan is owed.
(p)
“Servicing” means any of the following activities related to a student loan of a borrower:
(1)
Performing both of the following:
(A)
Receiving any scheduled periodic payments from a borrower or any notification that a borrower made a scheduled periodic payment.
(B)
Applying payments to the borrower’s account pursuant to the terms of the student loan or the contract governing the servicing.
(2)
During a period when no payment is required on a student loan, performing both of the following:
(A)
Maintaining account records for the student loan.
(B)
Communicating with the borrower regarding the student loan on behalf of the owner of the student loan promissory note.
(3)
Interacting with a borrower related to that borrower’s student loan, with the goal of helping
the borrower avoid default on their student loan or facilitating the activities described in paragraph (1) or (2).
(q)
(1)
“Student loan” means any loan made solely for use to finance a postsecondary education and costs of attendance at a postsecondary institution, including, but not limited to, tuition, fees, books and supplies, room and board, transportation, and miscellaneous personal expenses. A “student loan” includes a loan made to refinance a student loan.
(2)
(A)
A “student loan” shall not include an extension of credit under an open-end consumer credit plan, a reverse mortgage transaction, a residential mortgage transaction, or any other loan that is secured by real property or a dwelling.
(B)
A “student loan” shall not include an extension of credit made by a
postsecondary educational institution to a borrower if one of the following applies:
(i)
The term of the extension of credit is no longer than the borrower’s education program.
(ii)
The remaining, unpaid principal balance of the extension of credit is less than one thousand five hundred dollars ($1,500) at the time of the borrower’s graduation or completion of the program.
(iii)
The borrower fails to graduate or successfully complete their education program and has a balance due at the time of their disenrollment from the postsecondary institution.
(r)
“Student loan account” means student loans owed by a borrower grouped together for billing purposes by a student loan servicer.
(s)
“Student loan servicer” means any person engaged in the business of servicing student loans in this state. A “student loan servicer” does not include any of the following:
(1)
A debt collector, as defined in subdivision (c) of Section 1788.2, whose student loan debt collection business, and business operations, involve collecting, or attempting to collect, on defaulted student loans, that is, federal student loans for which no payment has been received for 270 days or more, or private student loans, in default, according to the terms of the loan documents. Debt collectors who also service nondefaulted student loans as part of their business and business operations are “student loan servicers.”
(2)
In connection with its responsibilities as a guaranty agency engaged in default aversion, a state or nonprofit private institution or organization having an agreement
with the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. Sec. 1078(b)).
(3)
A federally chartered credit union.

Legislative History

Amended by Stats. 2022, Ch. 452, Sec. 20. (SB 1498) Effective January 1, 2023.