Civil Code section 1788.301


For purposes of this title:

(a)

“Debt settlement provider” means a person who, for compensation and on behalf of a consumer, provides debt settlement services.

(b)

“Debt settlement services” means any of the following:

(1)

Providing advice, or offering to act or acting as an intermediary, including, but not limited to, offering debt negotiation, debt reduction, or debt relief services between a consumer and one or more of the consumer’s creditors, if the primary purpose of that advice or action is to obtain a settlement for less than the full amount of the debt.

(2)

Advising, encouraging, or counseling a consumer to accumulate funds in an account for future payment of a reduced amount of debt to one or more of the consumer’s creditors.

(c)

“Settlement account” means a depository account established and used for the purpose of holding funds of a consumer to be distributed to a creditor in the event of a settlement of a consumer’s debt with the creditor.

(d)

“Consumer” means a person who is allegedly legally responsible for a debt.

(e)

“Person” means a natural person or entity, whether a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.

(f)

“Creditor” means the person who originated the debt or is assigned, or has purchased for collection, a debt for which a consumer is allegedly legally responsible.

(g)

“Debt” means money, whether in principal, interest, fees, or other charges, which is due or owing or alleged to be due or owing from a natural person to another person and incurred primarily for personal, family, or household purposes.

(h)

“Payment processor” means a person who provides payment processing services.

(i)

“Payment processing services” means accepting, maintaining, holding, or distributing funds, or facilitating the acceptance, maintenance, holding, or distribution of funds, on behalf of a consumer for the purpose of facilitating debt settlement services.

Source: Section 1788.301, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=CIV§ionNum=1788.­301.­ (updated Jan. 1, 2022; accessed Dec. 1, 2025).

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Dec. 1, 2025

§ 1788.301's source at ca​.gov