California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 11.3 - Debt Collection Licensing Act › Article 2 - Application for Licensure and Related Forms › Section 1850.11 - Notices Included With Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following notices required by state and federal law are
					 hereby provided to those completing an application for a debt collector license
					 under these rules:
INFORMATION PRACTICES ACT OF 1977 (California Civil Code
					 Section
					 1798.17)
(a) The Department of Financial Protection
				  and Innovation of the State of California, Debt Collection Licensing Program,
				  is requesting the information specified in the application for a license as a
				  debt collector.
(b) The Deputy
				  Commissioner for Administration, the Department of Financial Protection and
				  Innovation, 2101 Arena Boulevard, Sacramento, California 95834, telephone
				  number (916) 445-5541, is responsible for the system of records and shall, upon
				  request, inform individuals regarding the location of the Department of
				  Financial Protection and Innovation's records and the categories of persons who
				  use the information in the records.
(c) The records are maintained pursuant to
				  the Debt Collection Licensing Act Financial Code Section 100000 et
				  seq.).
(d) The submission of all
				  items of information is mandatory. The Department of Financial Protection and
				  Innovation is required to collect from all applicants social security numbers
				  under Family Code Section
				  17520 and
				  social security numbers or federal taxpayer identification numbers under
				  Business and Professions Code Section
				  494.5.
(e) Failure to provide all or any part of the
				  information requested may preclude the Department of Financial Protection and
				  Innovation from approving the license application.
(f) The principal purposes within the
				  Department of Financial Protection and Innovation for which the information is
				  to be used are to determine whether (1) a license, registration, or other
				  authority, as allowed under the law, should be accepted, granted, approved,
				  denied, revoked or limited in any way; (2) business entities or individuals
				  licensed or otherwise regulated by the Department of Financial Protection and
				  Innovation are conducting themselves in accordance with applicable laws; and/or
				  (3) laws administered by the Department of Financial Protection and Innovation
				  are being or have been violated and whether administrative action, civil
				  action, or referral to appropriate federal, state, or local law enforcement or
				  regulatory agencies, as authorized by law, is appropriate.
(g) Any known or foreseeable disclosures of
				  the information pursuant to subdivision (e) or (f) of Civil Code section
				  1798.24 may
				  include transfers to other federal, state, or local law enforcement and
				  regulatory agencies, including NMLS as a channeling agent to, from, or on
				  behalf of those federal, state, and local law enforcement and regulatory
				  agencies, as authorized by law.
(h)
				  Subject to certain exceptions or exemptions, the Information Practices Act
				  grants an individual a right of access to personal information concerning the
				  requesting individual that is maintained by the Department of Financial
				  Protection and Innovation.
FEDERAL PRIVACY ACT OF 1974 ( Public Law 93-579 )
(i) In accordance with Section 7
				  of the Privacy Act of 1974 [found at
				  5 U.S.C. §
											552a note (Disclosure of Social Security
				  Number)], the following is information on whether the disclosure of a social
				  security account number is voluntary or mandatory, by what statutory or other
				  authority the number is solicited. and what uses will be made of it.
(1) The Department of Financial Protection
				  and Innovation is required to collect from all applicants social security
				  numbers under Family Code Section
				  17520, and
				  social security numbers or federal taxpayer identification numbers under
				  Business and Professions Code Section
				  494.5.
(2) A social security number or federal
				  taxpayer identification number is solicited pursuant to one or more of the
				  following authorities: these rules, and Section 100004 of the Financial Code;
				  Section
				  17520 of the
				  Family Code; and Section
				  494.5
				  of the Business and Professions Code.
(3) For all persons disclosing a social
				  security number or federal taxpayer identification number, the number is used
				  to match the information to the names on the list provided by the California
				  Department of Child Support Services under Family Code Section
				  17520, and the
				  lists of tax delinquencies provided by the California Department of Tax and Fee
				  Administration and the California Franchise Tax Board, under Business and
				  Professions Code Section
				  494.5.
				  The social security number may be used, in addition to other information
				  provided, to conduct a background investigation of the individual by the
				  California Department of Justice's Identification and Information Branch or by
				  other federal, state or local law enforcement agencies, as authorized by law.
				  The social security number may also be used to respond to requests for this
				  number made by child support agencies.
NOTICE REGARDING TAXPAYER INFORMATION