reglab/housing_qa huggingface dataset:
CA Fin Code § 4054 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.4 - CALIFORNIA FINANCIAL INFORMATION PRIVACY ACT|Section 4054.

4054.  (a) Nothing in this division shall require a financial institution to provide a written notice to a consumer pursuant to Section 4053 if the financial institution does not disclose nonpublic personal information to any nonaffiliated third party or to any affiliate, except as allowed in this division.(b) A notice provided to a member of a household pursuant to Section 4053 shall be considered notice to all members of that household unless that household contains another individual who also has a separate account with the financial institution.(c) (1) The requirement to send a written notice to a consumer may be fulfilled by electronic means if the following requirements are met:(A) The notice, and the manner in which it is sent, meets all of the requirements for notices that are required by law to be in writing, as set forth in Section 101 of the federal Electronic Signatures in Global and National Commerce Act.(B) All other requirements applicable to the notice, as set forth in this division, are met, including, but not limited to, requirements concerning content, timing, form, and delivery. An electronic notice sent pursuant to this section is not required to include a return envelope.(C) The notice is delivered to the consumer in a form the consumer may keep.(2) A notice that is made available to a consumer, and is not delivered to the consumer, does not satisfy the requirements of paragraph (1).(3) Any electronic consumer reply to an electronic notice sent pursuant to this division is effective. A person that electronically sends a notice required by this division to a consumer may not by contract, or otherwise, eliminate the effectiveness of the consumer’s electronic reply.(4) This division modifies the provisions of Section 101 of the federal Electronic Signatures in Global and National Commerce Act. However, it does not modify, limit, or supersede the provisions of subsection (c), (d), (e), (f), or (h) of Section 101 of the federal Electronic Signatures in Global and National Commerce Act, nor does it authorize electronic delivery of any notice of the type described in subsection (b) of Section 103 of that federal act.(Added by Stats. 2003, Ch. 241, Sec. 1. Effective January 1, 2004. Section operative July 1, 2004, pursuant to Section 4060.)
CA Fin Code § 4057 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.4 - CALIFORNIA FINANCIAL INFORMATION PRIVACY ACT|Section 4057.

4057.  (a) An entity that negligently discloses or shares nonpublic personal information in violation of this division shall be liable, irrespective of the amount of damages suffered by the consumer as a result of that violation, for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per violation. However, if the disclosure or sharing results in the release of nonpublic personal information of more than one individual, the total civil penalty awarded pursuant to this subdivision shall not exceed five hundred thousand dollars ($500,000).(b) An entity that knowingly and willfully obtains, discloses, shares, or uses nonpublic personal information in violation of this division shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per individual violation, irrespective of the amount of damages suffered by the consumer as a result of that violation.(c) In determining the penalty to be assessed pursuant to a violation of this division, the court shall take into account the following factors:(1) The total assets and net worth of the violating entity.(2) The nature and seriousness of the violation.(3) The persistence of the violation, including any attempts to correct the situation leading to the violation.(4) The length of time over which the violation occurred.(5) The number of times the entity has violated this division.(6) The harm caused to consumers by the violation.(7) The level of proceeds derived from the violation.(8) The impact of possible penalties on the overall fiscal solvency of the violating entity.(d) In the event a violation of this division results in the identity theft of a consumer, as defined by Section 530.5 of the Penal Code, the civil penalties set forth in this section shall be doubled.(e) The civil penalties provided for in this section shall be exclusively assessed and recovered in a civil action brought in the name of the people of the State of California in any court of competent jurisdiction by any of the following:(1) The Attorney General.(2) The functional regulator with jurisdiction over regulation of the financial institution as follows:(A) In the case of banks, savings associations, credit unions, commercial lending companies, and bank holding companies, by the Department of Business Oversight, Division of Financial Institutions or the appropriate federal authority; (B) in the case of any person engaged in the business of insurance, by the Department of Insurance; (C) in the case of any investment broker or dealer, investment company, investment adviser, residential mortgage lender or finance lender, by the Department of Business Oversight, Division of Corporations; and (D) in the case of a financial institution not subject to the jurisdiction of any functional regulator listed under subparagraphs (A) to (C), inclusive, above, by the Attorney General.(Amended by Stats. 2015, Ch. 190, Sec. 35. (AB 1517) Effective January 1, 2016.)
CA Fin Code § 4058 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.4 - CALIFORNIA FINANCIAL INFORMATION PRIVACY ACT|Section 4058.

4058.  Nothing in this division shall be construed as altering or annulling the authority of any department or agency of the state to regulate any financial institution subject to its jurisdiction.(Added by Stats. 2003, Ch. 241, Sec. 1. Effective January 1, 2004. Section operative July 1, 2004, pursuant to Section 4060.)
CA Fin Code § 4058.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.4 - CALIFORNIA FINANCIAL INFORMATION PRIVACY ACT|Section 4058.5.

4058.5.  This division shall preempt and be exclusive of all local agency ordinances and regulations relating to the use and sharing of nonpublic personal information by financial institutions. This section shall apply both prospectively and retroactively.(Added by Stats. 2003, Ch. 241, Sec. 1. Effective January 1, 2004. Section operative July 1, 2004, pursuant to Section 4060.)
CA Fin Code § 4058.7 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.4 - CALIFORNIA FINANCIAL INFORMATION PRIVACY ACT|Section 4058.7.

4058.7.  Nothing in this division shall prevent an insurer, as defined in Section 23 of the Insurance Code, from combining the form required by subdivision (d) of Section 4053 with the form required pursuant to Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of the Insurance Code and state regulations implementing the provisions of that article, provided that the combined form meets the requirements contained in paragraph (1) of subdivision (d) of Section 4053.(Added by Stats. 2003, Ch. 241, Sec. 1. Effective January 1, 2004. Section operative July 1, 2004, pursuant to Section 4060.)
CA Fin Code § 4059 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.4 - CALIFORNIA FINANCIAL INFORMATION PRIVACY ACT|Section 4059.

4059.  The provisions of this division shall be severable, and if any phrase, clause, sentence, or provision is declared to be invalid or is preempted by federal law or regulation, the validity of the remainder of this division shall not be affected thereby.(Added by Stats. 2003, Ch. 241, Sec. 1. Effective January 1, 2004. Section operative July 1, 2004, pursuant to Section 4060.)
CA Fin Code § 4060 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.4 - CALIFORNIA FINANCIAL INFORMATION PRIVACY ACT|Section 4060.

4060.  This division shall become operative on July 1, 2004.(Added by Stats. 2003, Ch. 241, Sec. 1. Effective January 1, 2004. Note: This section prescribes a delayed operative date for Division 1.2 (later renumbered to 1.4) as added by Stats. 2003, Ch. 241, commencing with Section 4050.)
CA Fin Code § 4100 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.5 - FINANCIAL INSTITUTIONS|Section 4100.

4100.  On or after July 1, 2006, a supervised financial institution shall not issue a consumer deposit account number to a customer, if that account number was previously held by another customer of the institution, until at least three years have passed since the account of the other customer was closed. For purposes of this section, “consumer deposit account number” means an account number that the financial institution uses to identify a natural person’s checking account or share draft account established primarily for personal, family, or household purposes and that includes the routing number of that institution that is used to identify the institution responsible for the payment of negotiable instruments.(Added by Stats. 2005, Ch. 340, Sec. 1. Effective January 1, 2006.)
CA Fin Code § 4982 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.8 - SECURITIES SALES|Section 4982.

4982.  Any violation of this division by a bank is a violation of Division 1.1 (commencing with Section 1000); a violation by a savings association is a violation of Division 2 (commencing with Section 5000); a violation by a credit union is a violation of Division 5 (commencing with Section 14000); and a violation by an industrial loan company is a violation of Division 7 (commencing with Section 18000).(Amended by Stats. 2013, Ch. 334, Sec. 63. (SB 537) Effective January 1, 2014.)
CA Fin Code § 4983 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.8 - SECURITIES SALES|Section 4983.

4983.  Nothing in this division shall be construed or interpreted to mean that this division in any way gives a financial institution the authority to offer or sell any type of security that it could not otherwise offer or sell under state or federal law.(Added by Stats. 1990, Ch. 1545, Sec. 1.)
CA Fin Code § 4990 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.9 - PERSONS CONNECTED WITH FINANCIAL INSTITUTIONS|Section 4990.

4990.  (a) Any person convicted of a felony violation of any of the provisions specified in subdivision (b) shall not serve in any capacity as a director or officer or in any other position involving any management duties with a financial institution in this state with accounts insured by an agency or instrumentality of the United States or a private share insurance or guaranty arrangement. This subdivision does not, however, apply to any director or officer of a financial institution, or to persons serving in managerial positions for financial institutions, whose office or employment with a financial institution commenced, and whose felony conviction occurred, prior to January 1, 1991.(b) Subdivision (a) applies to felony convictions of offenses specified in Chapter 10 (commencing with Section 1320) of Division 1.1, Article 4 (commencing with Section 5300) of Chapter 1 of Division 2, Article 8 (commencing with Section 14750) of Chapter 4 of Division 5, and Chapter 6 (commencing with Section 18435) of Division 7. Subdivision (a) also applies to felony convictions of offenses specified in provisions of the laws of the United States added or amended by the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Public Law 101-73).(c) On and after January 1, 1991, any person who seeks employment by, or a controlling interest in, a financial institution specified in subdivision (a) shall, as a condition to obtaining that employment or controlling interest, permit the financial institution, its regulatory agency, or both to have access to that person’s state summary criminal history information, as defined in Section 11105 of the Penal Code, for purposes of determining whether the person has a prior conviction of a felony offense specified in subdivision (b) or any theft offense.(d) Any state summary criminal history information obtained pursuant to this subdivision shall be kept confidential and no recipient under this subdivision shall disclose the contents other than for the purpose of determining eligibility for employment by, or acquisition of a controlling interest in, a financial institution specified in subdivision (a).(e) The authority granted by this section to the commissioner and other regulatory agencies shall be in addition to any other authority granted by law to obtain information about the background of any person. Nothing in this section shall be construed to limit any authority of the commissioner or any regulatory agency otherwise provided by law.(Amended by Stats. 2013, Ch. 334, Sec. 64. (SB 537) Effective January 1, 2014.)
CA Fin Code § 4991 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.9 - PERSONS CONNECTED WITH FINANCIAL INSTITUTIONS|Section 4991.

4991.  (a) In response to a request by another bank, savings association, credit union, or any other financial institution it is not unlawful for a bank, savings association, credit union, or any other financial institution to provide a written employment reference which advises of the applicants’ involvement in a theft, embezzlement, misappropriation, or other defalcation which has been reported to state or federal authorities pursuant to state or federal banking or financial institutions law. In order for the immunity provided in subdivision (b) to apply, a copy of the written employment reference shall be sent concurrently by the financial institution providing the reference, to the last known address of the person concerning whom the reference is provided.(b) No bank, savings association, credit union, or any other financial institution shall be civilly liable for providing an employment reference as specified in subdivision (a), unless the information provided is false and the bank, savings association, credit union, or other financial institution providing the false information does so with knowledge and malice.(Added by Stats. 1990, Ch. 947, Sec. 2.)
CA Fin Code § 4995 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.10 - HIGHER-PRICED MORTGAGE LOANS|Section 4995.

4995.  The following definitions shall apply for purposes of this division:(a) “Higher-priced mortgage loan” has the meaning set forth in Section 1026.35 of Title 12 of the Code of Federal Regulations.(b) “Licensed person” means a real estate broker licensed under the Real Estate Law (Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code), a finance lender or broker licensed under the California Financing Law (Division 9 (commencing with Section 22000)), a residential mortgage lender licensed under the California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000)), a commercial or industrial bank organized under the Banking Law (Division 1.1 (commencing with Section 1000)), a savings association organized under the Savings Association Law (Division 2 (commencing with Section 5000)), and a credit union organized under the California Credit Union Law (Division 5 (commencing with Section 14000)).(c) “Mortgage broker” means a licensed person who provides mortgage brokerage services. For purposes of this division, a licensed person who makes home loans is a “mortgage broker,” and subject to the requirements of this division applicable to mortgage brokers, only with respect to transactions in which the licensed person provides mortgage brokerage services.(d) “Mortgage brokerage services” means arranging or attempting to arrange, as exclusive agent for the borrower or as dual agent for the borrower and lender, for compensation or in expectation of compensation, paid directly or indirectly, a higher-priced mortgage loan made by an unaffiliated third party.(Amended by Stats. 2019, Ch. 143, Sec. 57. (SB 251) Effective January 1, 2020.)
CA Fin Code § 4995.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.10 - HIGHER-PRICED MORTGAGE LOANS|Section 4995.1.

4995.1.  Notwithstanding any other provision of law, the maximum amount of a prepayment penalty that may be imposed by a licensed person in connection with a higher-priced mortgage loan shall not exceed 2 percent of the principal balance prepaid, for prepayment of the loan during the first 12 months following loan consummation or 1 percent of the principal balance prepaid, for prepayment of the loan during the second 12 months following loan consummation.(Added by Stats. 2009, Ch. 629, Sec. 4. (AB 260) Effective January 1, 2010.)
CA Fin Code § 4995.3 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.10 - HIGHER-PRICED MORTGAGE LOANS|Section 4995.3.

4995.3.  (a) Any licensed person who violates any provision of this division shall be deemed to have violated that person’s licensing law.(b) The licensing agency may, by order and after appropriate administrative hearing, prohibit licensees under this division from engaging in acts or practices in connection with higher-priced mortgage loans that the licensing agency finds to be unfair, deceptive, or designed to evade laws of this state.(c) A violation of Section 2923.1 of the Civil Code in connection with a higher-priced mortgage loan is a violation of this division.(d) A violation of the provisions of Part 226 of Title 12 of the Code of Federal Regulations, relating to prepayment penalties in connection with higher-priced mortgage loans, is a violation of this division.(e) The provisions of this division may be enforced only by the Attorney General or the licensed person’s licensing agency. Any licensed person who willfully and knowingly violates any provision of this division shall be liable for a civil penalty of not more than ten thousand dollars ($10,000) for each violation.(f) A prepayment penalty or yield spread premium provision of a higher-priced mortgage loan that violates this division shall be unenforceable.(Added by Stats. 2009, Ch. 629, Sec. 4. (AB 260) Effective January 1, 2010.)
CA Fin Code § 4995.4 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.10 - HIGHER-PRICED MORTGAGE LOANS|Section 4995.4.

4995.4.  The provisions of this division shall apply to higher-priced mortgage loans originated on or after July 1, 2010.(Added by Stats. 2009, Ch. 629, Sec. 4. (AB 260) Effective January 1, 2010.)
CA Fin Code § 4995.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.10 - HIGHER-PRICED MORTGAGE LOANS|Section 4995.5.

4995.5.  The provisions of this division are severable. If any provision of this division or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(Added by Stats. 2009, Ch. 629, Sec. 4. (AB 260) Effective January 1, 2010.)
CA Fin Code § 4995.6 (2021)
2021 California Code|Financial Code - FIN|DIVISION 1.10 - HIGHER-PRICED MORTGAGE LOANS|Section 4995.6.

4995.6.  Nothing in this division shall be construed to affect any other rights or remedies otherwise available under the law.(Added by Stats. 2009, Ch. 629, Sec. 4. (AB 260) Effective January 1, 2010.)
CA Fin Code § 13080 (2021)
2021 California Code|Financial Code - FIN|DIVISION 4.5 - AUTOMATED TELLER MACHINE SURCHARGE DISCLOSURE|Section 13080.

13080.  (a) No operator of an automated teller machine (ATM) in this state shall impose any surcharge upon a customer for the usage of that machine whether or not the customer is using an access device issued by that operator unless that surcharge is clearly disclosed to the customer electronically on the automated teller machine. Unless the disclosure is made prior to the customer being obligated to pay the surcharge, the customer shall be provided an opportunity to cancel that transaction without incurring any surcharge. This subdivision does not apply to a point of sale transaction at an ATM.(b) If the sale of a good or service is conducted at the ATM, the operator of that ATM shall disclose to the customer electronically on the ATM the total price of the good or service and any fee charged solely for the usage of the ATM. Unless the disclosure is made prior to the customer being obligated to pay for the good or service, the customer shall be provided with an opportunity to cancel the transaction without incurring any obligation.(c) If a surcharge is imposed on a customer using an access device not issued by the operator, the operator shall disclose that the customer may also be charged an additional fee by his or her own institution.(d) As used in this section, “operator,” “automated teller machine,” “customer,” and “access device” have the meanings set forth in Section 13020. The term “surcharge” means any charge imposed by the operator of the ATM solely for use of the ATM. The term “service” includes, but is not limited to, receiving a statement of account activity.(Amended by Stats. 1996, Ch. 98, Sec. 1. Effective January 1, 1997. Operative July 1, 1997, by Sec. 2 of Ch. 98.)
CA Fin Code § 13081 (2021)
2021 California Code|Financial Code - FIN|DIVISION 4.5 - AUTOMATED TELLER MACHINE SURCHARGE DISCLOSURE|Section 13081.

13081.  (a) In enacting this section, the Legislature finds and declares all of the following:(1) It is in the best interest of consumers in this state to be aware of fees they may be charged for using point-of-sale devices prior to being obligated to pay those fees.(2) In 1996, the Legislature enacted Assembly Bill 3366 (Chapter 98 of the Statutes of 1996), which required operators of automatic teller machines (ATMs) to electronically disclose fees for transactions at those ATMs. That legislation did not require disclosure of fees at point-of-sale devices.(3) In order to maximize consumer awareness of fees at point-of-sale devices, and to create equity between operators of ATMs and operators of point-of-sale devices, it is the intent of the Legislature in enacting this section to require the maximum feasible disclosure of fees at point-of-sale devices.(b) No operator of a point-of-sale device in this state shall impose any fee upon a customer for the use of that device unless that fee is disclosed to the customer prior to the customer being obligated to pay for any goods or services. That disclosure shall be placed on or at the point-of-sale device as follows:(1) For all point-of-sale devices, the fee disclosure shall be on a label meeting federal standards.(2) For point-of-sale devices purchased on or after January 1, 2001, that have electronic displays, the fee disclosure shall also be electronic.(c) For purposes of this section, the term “point-of-sale device” includes any device used for the purchase of a good or service where a personal identification number (PIN) is required, but does not include an access device as defined in subdivision (b) of Section 13020.(d) For the purposes of this section, the term “operator of a point-of-sale device” means the person who imposes the fee on a customer for using a point-of-sale device to pay for a good or service.(Amended by Stats. 1998, Ch. 485, Sec. 71. Effective January 1, 1999.)