§ 1788.12. — 1788.12. (Amended by Stats. 2024, Ch. 522, Sec. 5.)

California § 1788.12.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 1.6C.
• Part 4.: TITLE 1.6C. FAIR DEBT COLLECTION PRACTICES
• Art. 2.: ARTICLE 2. Debt Collector Responsibilities

Text

No debt collector shall collect or attempt to collect a covered debt or consumer debt, as specified, by means of the following practices:
(a)
Communicating with the debtor’s employer regarding the debtor’s consumer debt unless such a communication is necessary to the collection of the consumer debt, or unless the debtor or their attorney has consented in writing to that communication. A communication is necessary to the collection of the consumer debt only if it is made for the purposes of verifying the debtor’s employment, locating the debtor, or effecting garnishment, after
judgment, of the debtor’s wages, or in the case of a medical debt for the purpose of discovering the existence of medical insurance. Any such communication, other than a communication in the case of a medical debt by a health care provider or its agent for the purpose of discovering the existence of medical insurance, shall be in writing unless that written communication receives no response within 15 days and shall be made only as many times as is necessary to the collection of the consumer debt. Communications to a debtor’s employer regarding a consumer debt shall not contain language that would be improper if the communication were made to the debtor. One communication solely for the purpose of verifying the debtor’s employment may be oral without prior written contact.
(b)
Communicating information regarding a
consumer debt to any member of the debtor’s family, other than the debtor’s spouse or the parents or guardians of the debtor who is either a minor or who resides in the same household with that parent or guardian, prior to obtaining a judgment against the debtor, except where the purpose of the communication is to locate the debtor, or where the debtor or their attorney has consented in writing to that communication.
(c)
Communicating to any person any list of debtors that discloses the nature or existence of a covered debt, commonly known as “deadbeat lists,” or advertising any covered debt for sale, by naming the debtor.
(d)
Communicating with the debtor by means of a written communication that displays or conveys any information about the covered debt or the debtor other than
the name, address, and telephone number of the debtor and the debt collector and that is intended both to be seen by any other person and also to embarrass the debtor.
(e)
Notwithstanding the foregoing provisions of this section, the disclosure, publication, or communication by a debt collector of information relating to a covered debt or the debtor to a consumer reporting agency or to any other person reasonably believed to have a legitimate business need for that information shall not be deemed to violate this title.

Legislative History

Amended by Stats. 2024, Ch. 522, Sec. 5. (SB 1286) Effective January 1, 2025.