reglab/housing_qa huggingface dataset:
CA Fin Code § 100002 (2021)
2021 California Code|Financial Code - FIN|DIVISION 25 - Debt Collection Licensing Act|CHAPTER 1 - General Provisions|ARTICLE 3 - Definitions|Section 100002.

100002.  For purposes of this division, the following terms have the following meanings:(a) “Applicant” means a person who applied for a license pursuant to this division.(b) “California debtor accounts” means accounts that are owned by consumers who reside in California at the time that the consumer makes a payment on the account. (c) “Collection agency” means a business entity through which a debt collector or an association of debt collectors engage in debt collection.(d) “Commissioner” means the Commissioner of Business Oversight.(e) “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 the other person primarily for personal, family, or household purposes.(f) “Consumer debt” or “consumer credit” means 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. The term “consumer debt” includes a mortgage debt. The term “consumer debt” includes “charged-off consumer debt” as defined in Section 1788.50 of the Civil Code.(g) “Creditor” means a person who extends consumer credit to a debtor.(h) “Debt” means money, property, or their equivalent that is due or owning or alleged to be due or owing from a natural person to another person.(i) “Debt collection” means any act or practice in connection with the collection of consumer debt.(j) “Debt collector” means any person who, in the ordinary course of business, regularly, on the person’s own behalf or on behalf of 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. The term “debt collector” includes “debt buyer” as defined in Section 1788.50 of the Civil Code.(k) “Debtor” means a natural person from whom a debt collector seeks to collect a consumer debt that is due or owing or alleged to be due or owing from the person.(l) “Department” means the Department of Business Oversight.(m) “Fund” means the Debt Collection Licensing Fund established pursuant to Section 100006.5.(n) “Licensee” means a person licensed pursuant to this chapter.(o) “Nationwide Multistate Licensing System & Registry” means a system of record, created by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, for nondepository, financial services licensing or registration in participating state agencies, the District of Columbia, Puerto Rico, the United States Virgin Islands, and Guam.(p) “Person” means a natural person, partnership, corporation, limited liability company, trust, estate, cooperative, association, or other similar entity.(Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
CA Fin Code § 100003 (2021)
2021 California Code|Financial Code - FIN|DIVISION 25 - Debt Collection Licensing Act|CHAPTER 2 - Licensing|ARTICLE 1 - Commissioner on Business Oversight|Section 100003.

100003.  (a) The commissioner shall administer this division and may adopt rules and regulations, and issue orders, consistent with that authority.(b) Without limitation, the functions, powers, and duties of the commissioner include all of the following:(1) To issue or to refuse to issue a license as provided in this division.(2) To allow affiliated companies to be under a single license. The commissioner shall adopt regulations specifying what constitutes an affiliated company for these purposes.(3) To revoke or suspend any license for a violation of this division or 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.(4) To keep records of licenses issued under this division.(5) To receive, consider, investigate, and act upon a complaint made in connection with a licensee.(6) To prescribe the form of and to receive applications for licenses and reports, books, and records required to be made or retained by a licensee.(7) To subpoena documents and witnesses, and to compel their attendance and production, to administer oaths, and to require the production of books, papers, or other materials relevant to any inquiry authorized by this division.(8) To require information with regard to an applicant that the commissioner may deem necessary, with regard for the paramount public interest in ascertaining the experience, background, honesty, truthfulness, integrity, and competency of an applicant for collecting consumer debt, and if an applicant is an entity other than an individual, in ascertaining the honesty, truthfulness, integrity, and competency of officers, directors, or managing members of the corporation, association, or other entity, or the general patters of a partnership.(9) To enforce by order any provision of this division.(10) To levy fees, fines, and charges in an amount sufficient to cover the cost of the services performed in administering this division. The fees collected pursuant to this division shall not exceed the costs of administering this division.(Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
CA Fin Code § 100003.3 (2021)
2021 California Code|Financial Code - FIN|DIVISION 25 - Debt Collection Licensing Act|CHAPTER 2 - Licensing|ARTICLE 1 - Commissioner on Business Oversight|Section 100003.3.

100003.3.  (a) The proceedings for a revocation of a license shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(b) The commissioner may suspend or revoke a license if, after notice and an opportunity for hearing, the commissioner finds any of the following:(1) The licensee violated this division or a regulation adopted or an order issued under this division.(2) The licensee does not cooperate with an examination or investigation by the commissioner.(3) The licensee violates 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. The commissioner may adopt regulations that specify the factors that the commissioner will consider in revoking or suspending a license, including, but not limited to, the harm to the consumer, the frequency of the violation, and the number of prior disciplinary actions taken against the licensee.(4) The licensee is insolvent, suspends payment of its obligations, or makes a general assignment for the benefit of its creditors.(5) A receiver, liquidator, or conservator has been appointed for a licensee.(6) Any fact or condition exists that, if it had existed at the time that the licensee applied for the license, would have been grounds for denying the application.(Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
CA Fin Code § 100004 (2021)
2021 California Code|Financial Code - FIN|DIVISION 25 - Debt Collection Licensing Act|CHAPTER 2 - Licensing|ARTICLE 1 - Commissioner on Business Oversight|Section 100004.

100004.  (a) Notwithstanding any law the commissioner shall have the authority to conduct investigations and examinations of an applicant or licensee as follows:(1) For purposes of determining whether an applicant is eligible for a license, or that a licensee is complying with the provisions of this division or any regulation or order of the commissioner, the commissioner may access, receive, and use any books, accounts, records, files, documents, information, or evidence that relates to debt collection, including, but not limited to, any of the following relating to the intent to, or the practice of, collecting consumer debt:(A) Criminal, civil, and administrative history information.(B) Personal history and experience information, including, but not limited to, independent credit reports obtained from a consumer reporting agency.(C) Any other documents, information, or evidence that the commissioner deems relevant to the inquiry or investigation regardless of the location, possession, control, or custody of those documents, information, or evidence.(2) For the purposes of investigating violations or complaints arising under this division, the commissioner may direct, subpoena, or order the attendance of, and examine under oath, any person whose testimony may be required about the consumer debt or account of the debtor.(b) In making any examination or investigation authorized by this section, the commissioner may control access to any documents and records of the licensee or person under examination or investigation. The commissioner may take possession of the documents and records or place a person in exclusive charge of the documents and records in the place where they are usually kept. During the period of control, no person shall remove or attempt to remove any of the documents and records except pursuant to a court order or with the consent of the commissioner. Unless the commissioner has reasonable grounds to believe the documents or records of a licensee have been, or are at risk of being, altered or destroyed for purposes of concealing a violation of this division, the licensee or owner of the documents and records shall have access to the documents or records as necessary to conduct their ordinary business affairs. (c) The commissioner may permit affiliated companies to be subject to a single examination. The department shall list all affiliated company names on the license and shall post them on the department’s internet website.(Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
CA Fin Code § 100005 (2021)
2021 California Code|Financial Code - FIN|DIVISION 25 - Debt Collection Licensing Act|CHAPTER 2 - Licensing|ARTICLE 1 - Commissioner on Business Oversight|Section 100005.

100005.  (a) If, in the opinion of the commissioner, a person who is required to be licensed under this division is engaged in business as a debt collector without a license from the commissioner, or a person or licensee has violated any provision of this division, an order, or a regulation adopted pursuant to this division, or 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, the commissioner may do any of the following:(1) After notice and an opportunity for a hearing, order the person or licensee to desist and to refrain from engaging in the business of further continuing the violation.(2) After notice and an opportunity for a hearing, order the person or licensee to pay ancillary relief. The ancillary relief may include, but need not be limited to, refunds, restitution, disgorgement, and payment of damages, as appropriate, on behalf of a person injured by the conduct or practice that constitutes the subject matter of the assessment. A person or licensee may dispute an order to pay ancillary relief for an individual 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, if the same injured person brought an action for the same violation against the same person or licensee in court, the action resulted in a final judgment on the merits, and all damages, penalties, or fees have been paid to the injured person.(b) If, in the opinion of the commissioner, 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), or a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, has violated 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, the commissioner may take the actions described in paragraphs (1) and (2) of subdivision (a). (c) If, within 30 days after an order issued pursuant to subdivision (a) or (b) is served, a written request for a hearing is filed and no hearing is held within 30 days thereafter, the order shall be deemed rescinded.(Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
CA Fin Code § 100006 (2021)
2021 California Code|Financial Code - FIN|DIVISION 25 - Debt Collection Licensing Act|CHAPTER 2 - Licensing|ARTICLE 1 - Commissioner on Business Oversight|Section 100006.

100006.  (a) Notwithstanding any law, the commissioner may by rule or order prescribe circumstances under which to accept electronic records or electronic signatures. This section shall not be deemed to require the commissioner to accept electronic records or electronic signatures.(b) For purposes of this section, the following terms have the following meanings:(1) “Electronic record” means an initial license application, or material modification of that license application, and any other record created, generated, sent, communicated, received, or stored by electronic means. “Electronic record” also includes, but is not limited to, all of the following electronic documents:(A) An application, amendment, supplement, and exhibit, filed for any license, consent, or other authority.(B) A financial statement, report, or advertising.(C) A surety bond, rider, or endorsement thereto.(D) An order, license, consent, or other authority.(E) A notice of public hearing, accusation, and statement of issues in connection with any application, license, consent, or other authority.(F) A proposed decision of a hearing officer and a decision of the commissioner.(G) The transcripts of a hearing and correspondence between a party and the commissioner directly relating to the record.(H) A release, newsletter, interpretive opinion, determination, or specific ruling.(I) Correspondence between a party and the commissioner directly relating to any document listed in subparagraphs (A) to (H), inclusive.(2) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.(c) The Legislature finds and declares that the Department of Business Oversight has continuously implemented methods to accept records filed electronically, and is encouraged to continue to expand its use of electronic filings to the extent feasible, as budget, resources, and equipment are made available to accomplish that goal. (Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
CA Fin Code § 100006.3 (2021)
2021 California Code|Financial Code - FIN|DIVISION 25 - Debt Collection Licensing Act|CHAPTER 2 - Licensing|ARTICLE 1 - Commissioner on Business Oversight|Section 100006.3.

100006.3.  (a) The commissioner may require an applicant for a license to make some or all of the filings with the commissioner through the Nationwide Multistate Licensing System & Registry.(b) The commissioner may require an application to be made through the Nationwide Multistate Licensing System & Registry, and may require fees, fingerprints, financial statements, supporting documents, changes of address, and any other information, and amendments or modifications thereto, to be submitted by applicants and licensees through the Nationwide Multistate Licensing System & Registry.(c) The commissioner may require licensees to pay annual fees through the Nationwide Multistate Licensing System & Registry. (Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
CA Fin Code § 100006.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 25 - Debt Collection Licensing Act|CHAPTER 2 - Licensing|ARTICLE 1 - Commissioner on Business Oversight|Section 100006.5.

100006.5.  (a) The Debt Collection Licensing Fund is hereby established within the state treasury.(b) All licensing fees collected shall be deposited into the Fees Account which is hereby established within the fund.(c) All fines and penalties collected shall be deposited into the Penalties Account which is hereby established within the fund.(d) All monies deposited into the fund shall be available to the commissioner, upon appropriation by the Legislation, for the purposes of this division.(Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
CA Fin Code § 100007 (2021)
2021 California Code|Financial Code - FIN|DIVISION 25 - Debt Collection Licensing Act|CHAPTER 2 - Licensing|ARTICLE 2 - Application for Licensure|Section 100007.

100007.  An applicant shall apply for a license by submitting all of the following to the commissioner:(a) A completed application for a license in a form prescribed by the commissioner and signed under penalty of perjury. An application shall include the location of the applicant’s principal place of business and all branch office locations.(b) (1) An application fee, of three hundred fifty dollars ($350), and an investigation fee, the amount of which shall be determined by the department, to cover any costs incurred in processing an application, including a fingerprint processing and criminal history record check under Section 100009. The investigation fee, including the amount for the criminal history record check, and the application fee are not refundable if an application is denied or withdrawn.(2) The fees assessed pursuant to this subdivision shall be billed and collected by the commissioner at the time of initial application.(c) A sample of the initial letter required pursuant to Section 1692g of Title 15 of the United States Code that the licensee will use in correspondence with California consumers.(Amended by Stats. 2021, Ch. 77, Sec. 6. (AB 137) Effective July 16, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
CA Fin Code § 100008 (2021)
2021 California Code|Financial Code - FIN|DIVISION 25 - Debt Collection Licensing Act|CHAPTER 2 - Licensing|ARTICLE 2 - Application for Licensure|Section 100008.

100008.  (a) The commissioner shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of every applicant, as defined in subdivision (a) of Section 100002, for purposes of obtaining information as to the existence and content of a record of state or federal convictions, state or federal arrests, and information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance pending trial or appeal.(b) When received, the Department of Justice shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history records check. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the commissioner.(c) The Department of Justice shall provide a state or federal response to the commissioner pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.(d) The commissioner shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code, for the license applicant described in subdivision (a).(e) The Department of Justice shall charge a fee, payable by the applicant, sufficient to cover the costs of processing the requests pursuant to this section. (Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
CA Fin Code § 100009 (2021)
2021 California Code|Financial Code - FIN|DIVISION 25 - Debt Collection Licensing Act|CHAPTER 2 - Licensing|ARTICLE 2 - Application for Licensure|Section 100009.

100009.  (a) (1) Upon the filing of an application for a license pursuant to Section 100007 and the payment of the fees, if the applicant is a partnership, the commissioner shall investigate the applicant and its general partners and individuals owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or any individual responsible for the conduct of the applicant’s servicing activities in this state.(2) Upon the filing of an application for a license pursuant to Section 100007 and the payment of the fees, if the applicant is a corporation, trust, limited liability company, or association, including an unincorporated organization, the commissioner shall investigate the applicant, its principal officers, directors, trustee, managing members, and individuals owning or controlling, directly or indirectly, 10 percent or more of the outstanding equity securities or any individual responsible for the conduct of the applicant’s debt collection activities in this state.(b) Upon the filing of an application for a license pursuant to Section 100007 and the payment of the fees, the commissioner shall investigate the individual responsible for the debt collection activity of the licensee at the location described in the application. The investigation may be limited to information that was not included in prior applications filed pursuant to this division.(c)  For the purposes of this section, “principal officers” shall mean president, chief executive officer, treasurer, and chief financial officer, as may be applicable, and any other officer with direct responsibility for the conduct of the applicant’s debt collection activities in this state. (Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
CA Fin Code § 100011 (2021)
2021 California Code|Financial Code - FIN|DIVISION 25 - Debt Collection Licensing Act|CHAPTER 2 - Licensing|ARTICLE 2 - Application for Licensure|Section 100011.

100011.  (a) When the application is complete, including the information from the Department of Justice, and the commissioner determines that the applicant has satisfied the requirements set forth in this division and does not find facts constituting reasons for denial, the commissioner shall issue and deliver a license to the applicant.(b) If the commissioner determines that the requirements have not been satisfied, after notice and an opportunity for a hearing, the commissioner may deny the application and shall provide a written explanation for the denial.(Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
CA Fin Code § 100013 (2021)
2021 California Code|Financial Code - FIN|DIVISION 25 - Debt Collection Licensing Act|CHAPTER 2 - Licensing|ARTICLE 2 - Application for Licensure|Section 100013.

100013.  (a) The commissioner may deem an application for a license abandoned if the applicant fails to respond to any request for information required by the commissioner or department during an investigation of the application.(b) The commissioner shall notify the applicant, in writing, that if the applicant fails to submit responsive information within 60 days from the date the commissioner sent the written request for information, the commissioner shall deem the application abandoned.(c) An application fee paid prior to the date an application is deemed abandoned shall not be refunded. Abandonment of an application pursuant to this subdivision shall not preclude the applicant from submitting a new application and fee for a license.(Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)