2011 California Code
Financial Code
DIVISION 1.3. THE SETTING OF FEES IN CONSUMER CREDIT AGREEMENTS AND RELATED CONSUMER PROTECTIONS [4000 - 4002]
Section 4000


CA Fin Code § 4000 (through 2012 Leg Sess) What's This?

(a) For purposes of this division, the following terms have the following meanings:

(1) Charge cardholder and charge card issuer have the meaning defined in Section 1748.21 of the Civil Code and charge card means those cards defined in subdivision (a) of Section 1748.21 of the Civil Code and upon which the full balance is due and payable in each billing cycle.

(2) Consumer means a natural person.

(3) Consumer credit agreement means any written instrument providing for an extension of unsecured open-end credit for personal, family, or household purposes, that governs the relationship between a supervised financial organization and one or more consumers.

(4) Charge card agreement means the written instrument that creates and governs the relationship between a charge card issuer and one or more consumers.

(5) Minimum payment means that amount of money recited on a billing statement for an open-end credit account that must be received by the supervised financial institution by a specified due date.

(6) Open-end credit has the meaning set forth in Section 226.2(a)(20) of Regulation Z.

(7) Regulation Z means any rule, regulation, or interpretation promulgated by the Board of Governors of the Federal Reserve System under the federal Truth in Lending Act, as amended (15 U.S.C. Sec. 1601 et seq.), and any interpretation or approval issued by an official or employee of the Federal Reserve System duly authorized by the board under the Truth in Lending Act, as amended, to issue interpretations or approvals.

(8) Security interest has the meaning set forth in Section 226.2(a)(25) of Regulation Z.

(9) Supervised financial organization means a state or federally regulated bank, savings association, savings bank, or credit union, or a subsidiary of any of the above.

(10) Unsecured means that the supervised financial organization is not granted a security interest in personal or real property under the consumer credit agreement.

(b) Notwithstanding any other provisions of law, the definitions contained in this section shall control transactions governed by this division.

(Added by Stats. 1994, Ch. 1079, Sec. 1. Effective January 1, 1995.)

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