2020 California Code
Financial Code - FIN
DIVISION 1.3 - THE SETTING OF FEES IN CONSUMER CREDIT AGREEMENTS AND RELATED CONSUMER PROTECTIONS
(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 1026.2(a)(20) of Regulation Z.
(7) “Regulation Z” means any rule, regulation, or interpretation promulgated by the Consumer Financial Protection Bureau 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 director of the bureau under the Truth in Lending Act, as amended, to issue interpretations or approvals.
(8) “Security interest” has the meaning set forth in Section 1026.2(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.
(Amended by Stats. 2014, Ch. 64, Sec. 11. (AB 2742) Effective January 1, 2015.)