Section 1785.16.2 - Sale of consumer debt to debt collector if consumer victim of identity theft(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.Ca. Civ. Code § 1785.16.2
Amended by Stats 2016 ch 376 (AB 1723),s 2, eff. 1/1/2017.Amended by Stats 2002 ch 1030 (AB 1068),s 1, eff. 9/28/2002.Added by Stats 2001 ch 354 (AB 655), s 4.5, eff. 1/1/2002.