§ 100001. — 100001. (Amended by Stats. 2024, Ch. 522, Sec. 16.)

California § 100001.

• Jurisdiction: California
• Code FIN: Financial Code - FIN
• Div. 25.: DIVISION 25. Debt Collection Licensing Act
• Ch. 1.: CHAPTER 1. General Provisions
• Art. 2.: ARTICLE 2. Requirements for Licensure

Text

(a)
No person shall engage in the business of debt collection in this state without first obtaining a license pursuant to this division. To the extent permitted by federal law, a person is acting in this state if the person is located in this state and is seeking to collect from a debtor that resides inside or outside the state, or is located outside of the state and is seeking to collect from a debtor that resides in this state. A license shall be obtained for the licensee’s principal place of business and shall not be transferred or assigned. A separate license is not required for each individual branch office.
(b)
(1)
Except as provided in paragraph (2), this
division shall not apply to a depository institution, as defined in Section 1420, a person licensed pursuant to Division 9 (commencing with Section 22000) or Division 20 (commencing with Section 50000), a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, a person who is subject to the Karnette Rental-Purchase Act (Title 2.96 (commencing with Section 1812.620) of Part 4 of Division 3 of the Civil Code), or a trustee performing acts in connection with a nonjudicial foreclosure pursuant to Article 1 (commencing with Section 2920) of Chapter 2 of Title 14 of Part 4 of Division 3 of the Civil Code.
(2)
The commissioner may use the authority described in Section 100005 in connection with a violation of Title 1.6C (commencing with Section 1788) or Title 1.6C.5 (commencing
with Section 1788.50) of Part 4 of Division 3 of the Civil Code by a person described in paragraph (1).
(c)
This division shall not apply to debt collection regulated pursuant to Division 12.5 (commencing with Section 28100) or to the collection of covered commercial debt or covered commercial credit, as those terms are defined in Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code.

Legislative History

Amended by Stats. 2024, Ch. 522, Sec. 16. (SB 1286) Effective January 1, 2025.