California Civil Code

§ 1785.16.2

CIV § 1785.16.2 Effective Jan 1, 2017Div. 3 · Title 1.6 · Part 4 · Ch. 2

Statute text

(a)No creditor may sell a consumer debt to a debt collector, as defined in 15 U.S.C. Sec. 1692a, if the consumer is a victim of identity theft, as defined in Section 1798.2, and with respect to that debt, the creditor has received notice pursuant to subdivision (k) of Section 1785.16 or paragraph (2) of subdivision (g) of Section 1788.18.

(b)Subdivision (a) does not apply to a creditor’s sale of a debt to a subsidiary or affiliate of the creditor, if, with respect to that debt, the subsidiary or affiliate does not take any action to collect the debt.

(c)For the purposes of this section, the requirement in 15 U.S.C. Sec. 1692a, that a person must use an instrumentality of interstate commerce or the mails in the collection of any debt to be considered a debt collector, does not apply.

Legislative history

Amended by Stats. 2016, Ch. 376, Sec. 2. (AB 1723) Effective January 1, 2017.