reglab/statecodes huggingface dataset:
2023 California Code › Financial Code - FIN › DIVISION 22 - CALIFORNIA FINANCIAL LITERACY FUND › Section 70003.

70003. The Controller may convene a financial literacy advisory committee to provide additional oversight of the fund and develop strategies to improve financial literacy. If convened, the committee shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(Added by Stats. 2011, Ch. 612, Sec. 1. (AB 597) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 22 - CALIFORNIA FINANCIAL LITERACY FUND › Section 70004.

70004. Beginning in 2013, the Controller shall provide to the respective chairpersons of the Assembly Committee on Banking and Finance and the Senate Committee on Banking and Financial Institutions a brief annual summary on the use of the funds, when appropriated. This summary shall be submitted no later than August 30 of each year.
(Added by Stats. 2011, Ch. 612, Sec. 1. (AB 597) Effective January 1, 2012.)
2023 California Code › Financial Code - FIN › DIVISION 23 - BANK ON CALIFORNIA PROGRAM › Section 80000.

80000. (a) The Legislature finds and declares that “Bank on California” is a voluntary collaborative initiative that assists Californians in opening a bank or credit union account and saving for the future.
(b) There is hereby established within the department the Bank on California Program.
(Added by Stats. 2015, Ch. 750, Sec. 1. (AB 1292) Effective January 1, 2016.)
2023 California Code › Financial Code - FIN › DIVISION 23 - BANK ON CALIFORNIA PROGRAM › Section 80001.

80001. For purposes of this division, the following terms shall have the following meanings:
(a) “Department” means the Department of Financial Protection and Innovation.
(b) “Program” means the Bank on California Program.
(Amended by Stats. 2022, Ch. 16, Sec. 5. (SB 577) Effective April 28, 2022.)
2023 California Code › Financial Code - FIN › DIVISION 24 - California Consumer Financial Protection Law › CHAPTER 3 - Exemptions › Section 90002.

90002. (a) This division shall not apply to a licensee, or an employee of a licensee, of any state agency other than the Department of Financial Protection and Innovation to the extent that licensee or employee is acting under the authority of the other state agency’s license.
(b) This division shall not apply to a person or employee of that person to the extent that person or employee is acting under the authority of one of the following licenses, certificates, or charters issued by the Department of Financial Protection and Innovation:
(1) Any person licensed as an escrow agent under Division 6 (commencing with Section 17000) of the Financial Code.
(2) Any person licensed as a finance lender, broker, program administrator, or mortgage loan originator under Division 9 (commencing with Section 22000) of the Financial Code.
(3) Any person licensed as a broker-dealer or investment adviser under Division 1 (commencing with Section 25000) of Title 4 the Corporations Code.
(4) Any person licensed as a residential mortgage lender, a mortgage servicer, or a mortgage loan originator under Division 20 (commencing with Section 50000) of the Financial Code.
(5) Any person licensed as a check seller, bill payer, or prorater under Division 3 (commencing with Section 12000) of the Financial Code.
(6) Any person licensed as a capital access company under Division 3 (commencing with Section 28000) of Title 4 of the Corporations Code.
(7) Any person doing business under a license, charter, or certificate issued under the Financial Institutions Law, including Division 1 (commencing with Section 99), Division 1.1 (commencing with Section 1000), Division 1.2 (commencing with Section 2000), Division 1.6 (commencing with Section 4800), Division 2 (commencing with Section 5000), Division 5 (commencing with Section 14000), Division 7 (commencing with Section 18000), and Division 15 (commencing with Section 31000) of the Financial Code.
(c) This division shall not apply to a bank, bank holding company, trust company, savings and loan association, savings and loan holding company, credit union, or an organization subject to oversight of the Farm Credit Administration, when acting under the authority of a license, certificate, or charter under federal law or the laws of another state.
(d) This division applies to all other covered persons, as defined in subdivision (f) of Section 90005.
(Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 24 - California Consumer Financial Protection Law › CHAPTER 4 - Prohibited Acts › Section 90003.

90003. (a) It is unlawful for a covered person or service provider, as defined in subdivision (f) of Section 90005, to do any of the following:
(1) Engage, have engaged, or propose to engage in any unlawful, unfair, deceptive, or abusive act or practice with respect to consumer financial products or services.
(2) Offer or provide to a consumer any financial product or service not in conformity with any consumer financial law or otherwise commit any act or omission in violation of a consumer financial law.
(3) Fail or refuse, as required by a consumer financial law or any rule or order issued by the department thereunder, to do any of the following:
(A) Permit the department access to or copying of records.
(B) Establish or maintain records.
(C) Make reports or provide information to the department.
(b) For any person who knowingly or recklessly provides substantial assistance to a covered person or service provider in violation of subdivision (a) or any rule or order issued thereunder, the provider of that substantial assistance shall be deemed to be in violation of that section to the same extent as the person to whom that assistance is provided.
(c) Notwithstanding subdivision (b), a person shall not be held to have violated paragraph (1) of subdivision (a) solely by virtue of providing or selling time or space to a covered person or service provider placing an advertisement.
(Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 24 - California Consumer Financial Protection Law › CHAPTER 4 - Prohibited Acts › Section 90004.

90004. (a) In addition to the prohibitions contained in Section 1102.5 of the Labor Code, a covered person or service provider shall not terminate or in any other way discriminate against, or cause to be terminated or discriminated against, any covered employee or any authorized representative of covered employees by reason of the fact that the employee or representative, whether at the initiative of the employee or in the ordinary course of the duties of the employee, or any person acting pursuant to a request of the employee, has either:
(1) Filed or instituted, or caused to be filed or instituted, any proceeding under any consumer financial law.
(2) Objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee or other such person reasonably believed to be in violation of any law, rule, order, standard, or prohibition, subject to the jurisdiction of, or enforceable by, the department.
(b) For the purposes of this section, the term “covered employee” means any individual performing tasks related to the offering or provision of a consumer financial product or service.
(c) (1) A person who believes that they have been terminated or otherwise discriminated against by any person in violation of subdivision (a) shall have all remedies available under Section 1102.5 of the Labor Code, subject to the restrictions set forth in that section and the implementing regulations.
(2) This subdivision does not restrict the remedies available under this law.
(Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 24 - California Consumer Financial Protection Law › CHAPTER 6 - Administration › Section 90006.

90006. (a) The department shall regulate the offering and provision of consumer financial products or services under California consumer financial laws and shall exercise nonexclusive oversight and enforcement authority under California consumer financial laws. To the extent permissible under the federal consumer financial laws, the department shall exercise nonexclusive oversight and enforcement under the federal consumer financial laws.
(b) In addition to existing functions, powers, and duties, the department shall have all of the following functions, powers, and duties in carrying out its responsibilities under this law:
(1) To bring administrative and civil actions, and to prosecute those civil actions before state and federal courts.
(2) To hold hearings and issue publications, results of inquiries and research, and reports that may aid in effectuating the purposes of this law.
(3) To perform such other functions as may be authorized or required by law.
(c) Sections 11040 and 11042 of the Government Code do not apply to this law.
(d) (1) The department shall establish the Financial Technology Innovation Office.
(2) The commissioner may investigate, research, analyze, and report on markets for consumer financial products or services.
(3) The commissioner may develop and implement outreach and education programs to underserved consumers and communities.
(4) The commissioner may develop and implement initiatives to promote innovation, competition, and consumer access within financial services.
(e) Merchants, retailers, and other sellers of nonfinancial goods and services are excluded from the department’s authority, subject to the following conditions:
(1) The department may not exercise authority under this division as to the following:
(A) The bona fide extension of credit by a merchant, retailer, or seller of nonfinancial goods and services to a consumer for the acquisition of a nonfinancial good or service, provided that all of the following conditions are met:
(i) The credit extended does not significantly exceed the fair market value of the nonfinancial good or service provided.
(ii) The merchant, retailer, or seller does not sell or otherwise assign the debt, except as to the sale of delinquent debt for the purposes of collection.
(iii) The merchant, retailer, or seller of nonfinancial goods and services does not regularly extend credit, as defined under the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.) and regulations issued thereunder.
(B) The collection or sale of delinquent debt arising from credit described in clause (i).
(2) Nothing in paragraph (1) shall limit the department’s authority to the extent that the department finds the sale of the nonfinancial good or service is done as a subterfuge, so as to evade or circumvent the provisions of this title.
(Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 24 - California Consumer Financial Protection Law › CHAPTER 6 - Administration › Section 90008.

90008. (a) The department shall, by rule, establish reasonable procedures to provide a timely response to consumers, in writing where appropriate, to complaints against, or inquiries concerning, a covered person.
(b)  The department shall, by rule, require a covered person to provide a timely response, in writing where appropriate, to the department concerning a consumer complaint or inquiry, including all of the following:
(1) Steps that have been taken by the covered person to respond to the complaint or inquiry of the consumer.
(2) Responses received by the covered person from the consumer.
(3) Follow-up actions or planned follow-up actions by the covered person to respond to the complaint or inquiry of the consumer.
(c) Subdivisions (a) and (b) shall not apply to a covered person to the extent it is a consumer reporting agency, as defined by the Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(f)).
(d) With respect to the provision of information to consumers by covered persons, all of the following shall apply:
(1) A covered person shall, in a timely manner, comply with a consumer request for information in the control or possession of that covered person concerning the consumer financial product or service that the consumer obtained from that covered person, including supporting written documentation, concerning the account of the consumer.
(2) Notwithstanding paragraph (1), a covered person may not be required by this section to make available to the consumer any of the following information:
(A) Confidential commercial information, including an algorithm used to derive credit scores or other risk scores or predictors.
(B) Information collected by the covered person for the purpose of preventing fraud or money laundering, or detecting or making any report regarding other unlawful or potentially unlawful conduct.
(C) Information required to be kept confidential by any other provision of law.
(D) Nonpublic or confidential information, including confidential supervisory information.
(E) Information collected, received, maintained, disclosed, sold, or processed pursuant to the Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.), but only to the extent subdivision (b) is inconsistent with any provision of the Fair Credit Reporting Act, and then only to the extent of the inconsistency, or to the extent that subdivision (b) imposes a requirement that is otherwise prohibited under Section 1681t(b) of Title 15 of the United States Code.
(3) This subdivision shall not apply to a consumer credit reporting agency subject to Section 1785.10 of the Civil Code.
(e) The department shall promulgate regulations to implement subdivisions (a) and (b) before commencing an enforcement action against a covered person or service provider for a violation of those provisions.
(Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 24 - California Consumer Financial Protection Law › CHAPTER 7 - Oversight › Section 90010.

90010. (a) This section shall apply to any covered person who meets any of the following conditions:
(1) Offers or provides origination, brokerage, or servicing of loans secured by real estate for use by consumers primarily for personal, family, or household purposes, or loan modification or foreclosure relief services in connection with those loans.
(2) Is a registrant of the department that is required to be registered by statute or by rule.
(3) The department has reasonable cause to determine, by order, after notice to the covered person that the covered person is offering or providing financial products or services.
(4) Is a service provider to a person described in paragraphs (1) to (3), inclusive.
(b) The department may require reports and conduct examinations on a periodic basis of persons described in subdivision (a) for purposes of all of the following:
(1) Assessing compliance with the requirements of consumer financial laws.
(2) Obtaining information about the activities and compliance systems or procedures of that person.
(3) Detecting and assessing risks to consumers, small business, and to markets for consumer financial products and services.
(c) This division shall not be construed to limit the authority of the commissioner to require reports from persons described in subdivision (a), as permitted under subdivision (b), regarding information owned or under the control of the person, regardless of whether the information is maintained, stored, or processed by another person.
(Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 24 - California Consumer Financial Protection Law › CHAPTER 8 - Enforcement Powers and Duties › Section 90011.

90011. The commissioner and the department shall have all the investigatory and subpoena powers set forth in Sections 11180 to 11191, inclusive, of the Government Code and any subpoena may further require a person to:
(a) Produce documentary material for inspection and copying or reproduction in the form or medium requested by the department.
(b) File written reports or answers to questions.
(Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 24 - California Consumer Financial Protection Law › CHAPTER 8 - Enforcement Powers and Duties › Section 90013.

90013. The department may bring a civil action in accordance with the following:
(a) If a person violates any provision of this division, rule or final order, or condition imposed in writing by the department, the department may bring an action in the name of the People of the State of California in the superior court to enjoin the acts or practices or to enforce compliance with this law or any rule or order herein under. Upon a proper showing, a permanent or preliminary injunction, restraining order, or writ of mandate shall be granted and a receiver, monitor, conservator, or other designated fiduciary or officer of the court may be appointed for the defendant or the defendant’s assets, or any other ancillary relief may be granted as appropriate. A receiver, monitor, conservator, or other designated fiduciary or officer of the court appointed by the superior court pursuant to this section may, with the approval of the court, exercise any or all of the powers of the defendant’s officers, directors, partners, trustees, or persons who exercise similar powers and perform similar duties, including the filing of a petition for bankruptcy. No action at law or in equity may be maintained by any party against the commissioner, or a receiver, monitor, conservator, or other designated fiduciary or officer of the court, by reason of their exercising these powers or performing these duties pursuant to the order of, or with the approval of, the superior court.
(b) If the commissioner determines it is in the public interest, the commissioner may include in any action authorized by subdivision (a) a claim for ancillary relief, including, but not limited to, those listed in subdivision (b) of Section 90012 and a claim for penalties as stated in subdivision (c) of Section 90012. The court shall have jurisdiction to award additional relief.
(c) In any action brought by the department, the department may recover its costs in connection with prosecuting the action if the department is the prevailing party in the action.
(d) This section shall not be construed to authorize the imposition of exemplary or punitive damages.
(Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 24 - California Consumer Financial Protection Law › CHAPTER 8 - Enforcement Powers and Duties › Section 90014.

90014. The following limitations apply to actions brought under this division:
(a) Except as otherwise permitted by law or equity, including provisions under any consumer financial law, no civil action may be brought under this division more than four years after the date of discovery of the violation to which an action relates.
(b) In any action arising solely under a California or federal consumer financial law, both:
(1) The limitations period under that consumer financial law shall apply, and not the period under subdivision (a).
(2) The department may commence, defend, or intervene in the action in accordance with the requirements of that provision of law, as applicable.
(Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 24 - California Consumer Financial Protection Law › CHAPTER 8 - Enforcement Powers and Duties › Section 90016.

90016. The commissioner shall not outsource or delegate enforcement authority under this division to a private attorney.
(Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 24 - California Consumer Financial Protection Law › CHAPTER 8 - Enforcement Powers and Duties › Section 90017.

90017. In regard to cooperation with the Attorney General, the following provisions apply:
(a) The department may enter into an agreement with the Attorney General with respect to civil actions by each agency.
(b) A provision of this division, any regulation or order made under the authority of this division, or any agreement under this subdivision shall not do any of the following:
(1) Limit the powers or authorities of the Attorney General, including, but not limited to, the Attorney General’s ability to prosecute violations of civil or criminal laws.
(2) Limit the rights of any consumer, or the obligations of any covered person or service provider, under the Unfair Competition Law, the False Advertising Law, or any consumer financial law.
(c) (1) If the department obtains evidence that a person has engaged in conduct that may constitute a violation of criminal law, the department shall transmit that evidence to the Attorney General.
(2) This subdivision shall not affect any other authority of the department to disclose information.
(d) (1) This section shall not be construed to limit the authority of the department under this division to cooperate with any regulatory or law enforcement body.
(2) The department shall notify other regulatory agencies that will be impacted by the department’s actions under this division.
(e) Nothing in this division shall limit the ability of any district attorney or any city attorney lawfully permitted pursuant to Section 17204 of the Business and Professions Code to bring actions or obtain relief pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. Remedies sought and obtained by district attorneys and city attorneys pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code shall be cumulative to remedies set forth in this division.
(Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 24 - California Consumer Financial Protection Law › CHAPTER 9 - Annual Report › Section 90018.

90018. (a) The commissioner shall prepare and publish on the department’s internet website an annual report detailing actions taken during the prior year under this law.
(b) The report described in subdivision (a) shall include, but not be limited to, information on actions taken with respect to all of the following:
(1) Rulemaking, enforcement, oversight, consumer complaints and resolutions, education, and research.
(2) The activities of the Financial Technology Innovation Office.
(c) The report may include recommendations, including those intended to result in improved oversight, greater transparency, or increased availability of beneficial financial products and services in the marketplace.
(Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 24 - California Consumer Financial Protection Law › CHAPTER 10 - Miscellaneous › Section 90019.

90019. (a) The provisions of this division shall be liberally construed to effectuate its purposes.
(b) The provisions of this act are severable. If any provision of this division, or amendments to it, or regulations promulgated under it, or under such amendments, is held invalid, illegal, or unenforceable, then that invalidity, illegality, or unenforceability shall not affect other provisions, amendments, or regulations that can be given effect without the invalid, illegal, or unenforceable provision, amendment, or regulation. Any invalidity, illegality, or unenforceability shall be construed as narrowly as possible and shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved.
(c) To the extent that any provision of this division is preempted by federal law, the provision shall not apply and shall not be enforced solely as to the extent of the preemption and not as to other circumstances, persons, or applications.
(Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.)
2023 California Code › Financial Code - FIN › DIVISION 25 - Debt Collection Licensing Act › CHAPTER 1 - General Provisions › ARTICLE 1 - Short Title › Section 100000.

100000. This division shall be known, and may be cited, as the Debt Collection Licensing Act.
(Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
2023 California Code › Financial Code - FIN › DIVISION 25 - Debt Collection Licensing Act › CHAPTER 1 - General Provisions › ARTICLE 1 - Short Title › Section 100000.5.

100000.5. (a) The commissioner shall allow any debt collector that submits an application before January 1, 2023, to operate pending the approval or denial of the application.
(b) (1) Notwithstanding Section 100011, the commissioner may issue a conditional license to an applicant pending compliance with the requirements of subdivisions (a) to (c), inclusive, of Section 100008.
(2) A conditional license issued pursuant to this subdivision shall expire at the earliest of the following:
(A) Ninety days after the requirements of Sections 100007, 100008, and 100009 have been satisfied.
(B) Upon the issuance of an unconditional license.
(C) Ninety days after the commissioner directs the licensee in writing to submit fingerprints for submission to the Department of Justice pursuant to Section 100008, if the licensee fails to submit a set of fingerprints for each individual described in Section 100009.
(D) Upon the denial, pursuant to Section 100012, of a license application.
(c) The commissioner may deny an application under Section 100012 at any time before the issuance of an unconditional license.
(Amended by Stats. 2022, Ch. 569, Sec. 10. (AB 156) Effective September 27, 2022.)
2023 California Code › Financial Code - FIN › DIVISION 25 - Debt Collection Licensing Act › CHAPTER 1 - General Provisions › ARTICLE 1 - Short Title › Section 100000.7.

100000.7. No county, city, or other political subdivision within this state shall require a debt collector to be licensed or to register as a debt collector.
(Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
2023 California Code › Financial Code - FIN › DIVISION 25 - Debt Collection Licensing Act › CHAPTER 1 - General Provisions › ARTICLE 2 - Requirements for Licensure › Section 100001.

100001. (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).
(Added by Stats. 2020, Ch. 163, Sec. 3. (SB 908) Effective January 1, 2021. Operative January 1, 2022, pursuant to Sec. 100000.5.)
2023 California Code › Financial Code - FIN › DIVISION 25 - Debt Collection Licensing Act › CHAPTER 2 - Licensing › ARTICLE 1 - Commissioner on Financial Protection and Innovation › 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.)
2023 California Code › Financial Code - FIN › DIVISION 25 - Debt Collection Licensing Act › CHAPTER 2 - Licensing › ARTICLE 1 - Commissioner on Financial Protection and Innovation › 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.)
2023 California Code › Financial Code - FIN › DIVISION 25 - Debt Collection Licensing Act › CHAPTER 2 - Licensing › ARTICLE 1 - Commissioner on Financial Protection and Innovation › 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.)
2023 California Code › Financial Code - FIN › DIVISION 25 - Debt Collection Licensing Act › CHAPTER 2 - Licensing › ARTICLE 1 - Commissioner on Financial Protection and Innovation › 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.)
2023 California Code › Financial Code - FIN › DIVISION 25 - Debt Collection Licensing Act › CHAPTER 2 - Licensing › ARTICLE 1 - Commissioner on Financial Protection and Innovation › 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 Financial Protection and Innovation 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.
(Amended by Stats. 2022, Ch. 452, Sec. 165. (SB 1498) Effective January 1, 2023.)
2023 California Code › Financial Code - FIN › DIVISION 25 - Debt Collection Licensing Act › CHAPTER 2 - Licensing › ARTICLE 1 - Commissioner on Financial Protection and Innovation › 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, 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.
(Amended by Stats. 2023, Ch. 198, Sec. 8. (SB 152) Effective September 13, 2023.)
2023 California Code › Financial Code - FIN › DIVISION 25 - Debt Collection Licensing Act › CHAPTER 2 - Licensing › ARTICLE 1 - Commissioner on Financial Protection and Innovation › 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.)
2023 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.)
2023 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 require a background investigation of each applicant by means of a Federal Bureau of Investigation criminal history record check of the individuals subject to investigation under Section 100009 and shall require the submission of fingerprints for each individual subject to investigation under Section 100009.
(b) If the applicant is a partnership, corporation, limited liability company, trust, estate, cooperative, association, or other business organization, the commissioner shall require a Federal Bureau of Investigation criminal history record check, including the submission of fingerprints, for each individual described in Section 100009.
(c) Notwithstanding any other provision of law, the Nationwide Multistate Licensing System Registry may be used as a channeling agent between the United States Department of Justice and the commissioner for purposes of requesting and distributing information for the background investigations described in this section.
(d) (1) An applicant shall not be denied a license on the basis of a criminal conviction, or on the basis of acts underlying a criminal conviction, if the convicted person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or has been granted clemency or a pardon by a state or federal executive.
(2) An applicant shall not be denied a license on the basis of a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code. An applicant who has a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code shall provide the commissioner with proof of the dismissal if it is not reflected in the applicant’s criminal history record report.
(3) An applicant shall not be denied a license on the basis of an arrest that resulted in a disposition other than a conviction, including an arrest that resulted in an infraction, citation, or juvenile adjudication.
(4) An applicant may be denied a license on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application for the license. An applicant shall not be denied a license based solely on an applicant’s failure to disclose a fact that would not have been cause for denial of the license had it been disclosed.
(5) If an applicant is denied a license based solely or in part on conviction history, the applicant shall be notified in writing of all of the following:
(A) The denial or disqualification of licensure.
(B) The procedure for the applicant to challenge the decision or to request reconsideration.
(C) That the applicant has the right to appeal the decision.
(D) The processes to request a copy of the applicant’s complete conviction history and to question the accuracy or completeness of the record.
(Repealed and added by Stats. 2023, Ch. 198, Sec. 10. (SB 152) Effective September 13, 2023.)