Obligations Arising From Particular TransactionsConsumer Credit Contracts
Section § 1799.90
This section defines key terms used in consumer credit contexts. A "consumer credit contract" involves paying back money over time for personal or household purposes and includes various agreements like retail installment contracts, loans, or lease contracts. These agreements can involve secured or unsecured credit. A "creditor" is any person or business that regularly offers or arranges these credit agreements.
Section § 1799.91
This law requires creditors to inform people who co-sign a loan about their responsibilities. If you're asked to co-sign, the creditor must provide you with a notice, in English and other specified languages, explaining that if the borrower doesn’t pay, you'll have to cover the debt. For open-end credit (like credit cards), the notice isn’t required if the application clearly states that co-signers can use and are responsible for the credit. Similar rules apply if you're co-signing on a lease. The Department of Financial Protection and Innovation provides translations of these notices online. These notices must be clear, specified in size and style, and outline the co-signer's liabilities.
Section § 1799.92
This section explains how a notice required by law should be presented when provided to consumers in a credit or lease agreement. This notice must be on a separate sheet, containing only the necessary identification details of the creditor or lessor. Additionally, it must have a space for the date and acknowledgment of receipt, and should be attached before the contract or lease. Creditors or lessors can create this sheet, but it must align with the specific requirements outlined.
Section § 1799.93
This law is about protecting consumers when they sign credit contracts. First, a creditor cannot ask someone to sign a contract if there are any empty spaces that will be filled in later. This is to prevent any changes after signing. Second, creditors must give each person a copy of the contract, any related security agreement, and a notice of their obligations, making sure everyone knows what they are agreeing to.
Section § 1799.94
This law means that even if a statement is required by another section, it should not change the rights or duties of the people involved in a consumer credit agreement.
Section § 1799.95
This section basically says that if a consumer credit contract doesn't follow certain rules, creditors or those who have taken over the creditor's rights can't take legal action to enforce it. This applies to anyone who was supposed to be notified under a specific rule but didn't actually get any benefits from the contract, like money or services. However, it doesn't affect the rights of someone who bought property in good faith, without knowing the rules were broken.
Section § 1799.96
If there's a federal notice that's similar to what California requires, using that federal notice, along with translating it into certain languages, is enough to meet California's requirements. However, other related rules still apply.
Section § 1799.97
This law states that a contract for consumer credit can't use religious books, artifacts, or materials worth less than $500 as security for a loan, unless these items are specifically mentioned as collateral. If a contract tries to do this anyway, that part of the contract is invalid and can't be enforced.
Section § 1799.98
This section clarifies that certain legal rules in other parts of California's legal code are not changed or waived by anything in this title. Specifically, it mentions not affecting certain parts related to financial and family obligations. Also, it states that delivering a specific notice doesn't prove whether someone was acting as a guarantor in a transaction.
Section § 1799.99
This California law section outlines rules for certain financial transactions, excluding consumer credit contracts. It specifically requires that before taking legal action or enforcing a security interest, a person must receive proper notice about the transaction, including an accurate Spanish translation, unless they are married to the other obligated party. If the required notice is not given, actions against the person cannot proceed.
Section § 1799.100
This law prohibits taking a security interest—a legal claim—in common household goods if you're using them for personal or family reasons, unless the lender takes possession of the items or the purchase was financed through credit. To create a nonpossessory security interest in personal items, the consumer must specifically describe and sign for each item. Enforcement of these interests can only happen through the courts unless the items are abandoned or voluntarily surrendered, and any such interest that violates these rules is void. If someone is harmed by a violation of this law, they can sue for damages and legal fees. "Household goods" include things like clothing and furniture, but not entertainment electronics or antiques.
Section § 1799.101
This section explains rules about reporting a cosigner's financial issues on a consumer credit contract. If a cosigner is behind on payments, known as 'delinquency,' creditors must notify them before sharing this negative information with credit agencies or debt collectors, unless the cosigner lives at the same address as the primary borrower. The notice doesn't require a specific format but must be sent to the cosigner's recorded address. If the delinquency is corrected, the credit report should be updated to show this. These requirements are active for contracts made after July 1, 1992.
Section § 1799.102
If someone co-signs a contract and suffers a loss because the main party violated a law, they can sue for the greater of their actual loss or $250, plus legal fees. Before suing, the cosigner must inform the violator at least 30 days in advance, explaining their evidence of the loss. If the violator compensates the cosigner for their loss within 25 days of getting the notice, the cosigner can't sue for more money or legal fees. This has been in effect since July 1, 1992.
Section § 1799.103
This law says that a consumer credit contract or guarantee cannot claim a security interest—basically a legal claim—on your invested assets unless the contract specifically names those investments as collateral, or the secured party is a special type of financial institution like a securities or commodity intermediary. The contract must include details such as the account holder's name, account number, and the name of the institution holding the investment. If these details are missing, the claim on the investment is invalid.