California Civil Code

Sec. § 1789.12


As used in this title:

(a)

“Credit services organization” means a person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that he or she can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:

(1)

Improving a buyer’s credit record, history, or rating.

(2)

Obtaining a loan or other extension of credit for a buyer.

(3)

Providing advice or assistance to a buyer with regard to either paragraph (1) or (2).

(b)

“Credit services organization” does not include any of the following:

(1)

Any person holding a license to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision with respect to the making of those loans or extensions of credit by an official or agency of this state or the United States and whose business is the making of those loans or extensions of credit.

(2)

Any bank, as defined in Section 102 of the Financial Code, or any savings institution, as specified in subdivision (a) or (b) of Section 5102 of the Financial Code, whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation.

(3)

Any person licensed as a prorater by the Department of Business Oversight when the person is acting within the course and scope of that license.

(4)

Any person licensed as a real estate broker performing an act for which a real estate license is required under the Real Estate Law (Pt. 1 (commencing with Sec. 10000), Div. 4, B. & P.C.) and who is acting within the course and scope of that license.

(5)

Any attorney licensed to practice law in this state, where the attorney renders services within the course and scope of the practice of law, unless the attorney is an employee of, or otherwise directly affiliated with, a credit services organization.

(6)

Any broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of the regulation.

(7)

Any nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code that, according to a final ruling or determination by the Internal Revenue Service, is both of the following:

(A)

Exempt from taxation under Section 501(a) of the Internal Revenue Code.

(B)

Not a private foundation as defined in Section 509 of the Internal Revenue Code.
An advance ruling or determination of tax-exempt or foundation status by the Internal Revenue Service does not meet the requirements of this paragraph.

(c)

“Buyer” means any natural person who is solicited to purchase or who purchases the services of a credit services organization.

(d)

“Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes.

(e)

“Consumer credit reporting agency” means a consumer credit reporting agency subject to the Consumer Credit Reporting Agencies Act, Title 1.6 (commencing with Section 1785.1).

(f)

“Person” includes an individual, corporation, partnership, joint venture, or any business entity.
Source

Last accessed
Jun. 6, 2016