# Cal. Civ. Code §§ 1788.50-1788.66 — Fair Debt Buying Practices Act

- Citation: Cal. Civ. Code, §§ 1788.50-1788.66
- Code: Civil Code, Division 3, Part 4, Title 1.6C.5
- Subject: Heightened pleading and documentation for debt-buyer suits
- Source: https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=CIV
- Last verified: 2026-05-13

> Authored from canonical California statutory sources; verify
> against leginfo.legislature.ca.gov before relying.

## Overview

The Fair Debt Buying Practices Act (FDBPA), enacted by SB 233
(2013, effective Jan. 1, 2014), imposes heightened pleading
and documentation requirements specifically on **debt buyers**
— entities that purchase charged-off consumer debt for
collection. It is California's response to the wave of debt-
buyer litigation in the 2000s and 2010s in which collectors
sued consumers without adequate proof of ownership or balance.

The FDBPA is **cumulative** with the Rosenthal Act and the
federal FDCPA — a debt-buyer plaintiff must comply with all
three regimes.

## § 1788.50 — Definitions

**(a)(1)** "Debt buyer" means a person or entity that is
regularly engaged in the business of purchasing charged-off
consumer debt for collection purposes, whether it collects the
debt itself, hires a third party for collection, or hires an
attorney-at-law for collection litigation.

**(a)(2)** "Debt buyer" does NOT include:
- A person or entity that acquires a charged-off consumer debt
  as an incidental part of the acquisition of a portfolio
  predominantly consisting of consumer debt that has not been
  charged off.
- A check services company, that, in the ordinary course of
  business, acquires a right to collect on a payment instrument.
- A person or entity that acquires consumer debt to provide
  servicing or collection assistance to the original creditor.

**(b)** "Charge-off" means the moment in time when a creditor
treats an account receivable or loan receivable as a loss or
expense because payment is unlikely.

**(c)** "Charged-off consumer debt" means a consumer debt that
has been charged off.

**(d)** "Consumer debt" or "consumer credit" has the same
meaning as set forth in § 1788.2.

## § 1788.52 — Pre-collection requirements

**(a)** A debt buyer shall not make any written statement to a
debtor in an attempt to collect a consumer debt unless the
debt buyer possesses the following information:

**(1)** That the debt buyer is the sole owner of the debt at
issue or has authority to assert the rights of all owners of
the debt.

**(2)** The debt balance at charge off and an explanation of
the amount, nature, and reason for all interest and fees, if
any, imposed by the charge-off creditor. This paragraph does
not require a specific format in which this information must
be conveyed to the debtor.

**(3)** The date of default or the date of the last payment.

**(4)** The name and an address of the charge-off creditor at
the time of charge off, and the charge-off creditor's account
number associated with the debt. The charge-off creditor's
name and address shall be in sufficient form so as to reasonably
identify the charge-off creditor.

**(5)** The name and last known address of the debtor as they
appeared in the charge-off creditor's records prior to the sale
of the debt. After the sale of the debt to a debt buyer, those
records shall be updated as necessary.

**(6)** The names and addresses of all persons or entities that
purchased the debt after charge off, including the debt buyer
making the written statement.

**(b)** A debt buyer shall not make any written statement to a
debtor in an attempt to collect a consumer debt unless the
debt buyer has access to a copy of any document or final
electronic version of the document submitted by the debtor
that demonstrates the debtor's agreement to the debt or, in
the absence of such a document, a copy of the document
submitted to the debtor while the account was active that
demonstrates the debt was incurred by the debtor.

## § 1788.58 — COMPLAINT REQUIREMENTS (THE HEART OF FDBPA)

**(a)** In any action brought by a debt buyer on a consumer
debt, the complaint shall allege all of the following:

**(1)** That the plaintiff is a debt buyer.

**(2)** The nature of the underlying debt and the consumer
transaction or transactions from which it is derived, in a
form reasonably calculated to identify it.

**(3)** That the debt was assigned or otherwise transferred to
the plaintiff, the date of the assignment or transfer, the name
of any prior holder of the debt, and the name and an address
of the charge-off creditor at the time of charge off.

**(4)** The debt balance at charge off and an explanation of
the amount, nature, and reason for all interest and fees, if
any, imposed by the charge-off creditor.

**(5)** The date of default or the date of the last payment.

**(6)** The name and last known address of the debtor as they
appeared in the charge-off creditor's records prior to the
sale of the debt.

**(7)** The names and addresses of all persons or entities
that purchased the debt after charge off, including the
plaintiff debt buyer.

**(b) — ATTACHED DOCUMENTATION**: The complaint shall include
the following:

**(1)** A copy of the contract or other document described in
subdivision (b) of Section 1788.52, attached to the complaint.

**(2)** If a copy of a contract or other document described in
subdivision (b) of Section 1788.52 is not attached to the
complaint, the complaint shall include a statement that a copy
will be provided to the debtor within 15 calendar days of
receipt of a written request from the debtor.

**(3)** The amount of last payment, if applicable.

## § 1788.59 — Requests for documentation

**(a)** A debt buyer that brings suit on a consumer debt shall,
upon written request from the debtor, provide the following
documentation:

(1) Any document the debt buyer claims demonstrates the
debtor's agreement to the debt.

(2) A statement that includes the information described in
paragraphs (3) through (7) of subdivision (a) of Section
1788.58.

**(b)** The debtor's request shall be made within 60 days of
service of the complaint.

**(c)** The debt buyer must provide the requested documentation
**within 15 calendar days** of receipt of the written request.

**(d)** If the debt buyer fails to provide the documentation,
the action shall be stayed until the documentation is provided.

## § 1788.60 — DEFAULT JUDGMENT REQUIREMENTS

**(a)** In any action brought by a debt buyer to recover on a
consumer debt, the debt buyer shall, in addition to the
requirements of the rules of court applicable to default
judgments generally, attach to the request for default judgment
the following:

**(1)** Authenticated business records demonstrating the debt
buyer's right to recover on the debt.

**(2)** Documents identified in subdivision (b) of Section
1788.58.

### Practical implications

§ 1788.60 makes it more difficult to get a default judgment
in a debt-buyer case. Even if the debtor never appears, the
debt buyer must produce authenticated business records to
support the judgment.

## § 1788.61 — Sales of debt with notice

Special rules governing notice of sale of a debt portfolio
that includes the consumer's debt — the consumer is entitled
to written notice of the assignment of his/her debt.

## § 1788.62 — REMEDIES AND DAMAGES

**(a)** Any debt buyer that violates a provision of this title
with respect to any person shall be liable to that person only
in an individual action, and the debt buyer's liability to that
person shall be in an amount equal to the sum of:

**(1)** Any actual damages sustained as a result of the
violation.

**(2)** Statutory damages of at least one hundred dollars
($100) but not more than one thousand dollars ($1,000).

**(b) — STATUTE OF LIMITATIONS**: An action to enforce any
liability under this title may be brought within **one year**
from the date of the last violation, except an action brought
by the Attorney General, which shall be brought within four
years.

**(c) — ATTORNEY'S FEES**: In the case of any action to enforce
this title, the prevailing party in the action shall be
entitled to costs and reasonable attorney's fees.

### Difference from Rosenthal § 1788.30

Note that § 1788.62(c) provides for two-way fee shifting
(prevailing party — either side), unlike Rosenthal § 1788.30(c)
which is one-way to the consumer. However, in practice, the
prevailing defendant collector rarely recovers fees from a pro
per consumer.

## § 1788.63 — Cumulative remedies

The remedies provided in this title are cumulative and not in
limitation of any other remedies or rights, including remedies
under the Rosenthal Act, the federal FDCPA, the UCL, or other
state and federal law.

## § 1788.65 — Severability

Standard severability provision.

## § 1788.66 — Effective date

Standard effective-date provision.

## Litigation strategy under FDBPA

### Defense (consumer side)

When defending a debt-buyer suit, FDBPA challenges are typically
raised in the answer (affirmative defenses) and as the basis
for early demurrer (CCP § 430.10(e) — failure to state a cause
of action because § 1788.58 requirements not met):

1. **Demurrer on FDBPA non-compliance** — if the complaint
   omits any of the § 1788.58(a) allegations, file a demurrer
   citing CCP § 430.10(e) and § 1788.58.

2. **Discovery requests for § 1788.52 documentation** — RFPs
   demanding the original contract, charge-off statement,
   chain-of-title documents, and pool data showing the
   consumer's account was included in the sold portfolio.

3. **§ 1788.59 documentation request** — within 60 days of
   service, demand the supporting documentation in writing.
   Failure to provide within 15 days → stay of action.

4. **§ 1788.60 default opposition** — even if the consumer
   defaulted, the debt buyer must support default judgment
   with authenticated business records. Counsel for an
   absent consumer can object to default judgment based on
   insufficient documentation.

5. **Cross-complaint under § 1788.62** — assert FDBPA violation
   as cross-claim seeking statutory damages and fees.

### Damages calculation

For each FDBPA violation:

- Actual damages (if quantifiable)
- Statutory damages $100-$1,000 PER VIOLATION
- Attorney's fees and costs (prevailing party)

## Quick-reference compliance checklist

For a debt-buyer plaintiff to bring a valid action under FDBPA,
the complaint MUST contain:

| Required allegation | § 1788.58 subdivision |
|---|---|
| Plaintiff is a debt buyer | (a)(1) |
| Nature of underlying debt and transaction | (a)(2) |
| Assignment / transfer details | (a)(3) |
| Charge-off balance + explanation of interest/fees | (a)(4) |
| Date of default or last payment | (a)(5) |
| Debtor's name and address at charge-off | (a)(6) |
| Names/addresses of all post-charge-off purchasers | (a)(7) |

Required attachments to complaint:

| Required attachment | § 1788.58 subdivision |
|---|---|
| Contract or document demonstrating debtor's agreement | (b)(1) |
| Statement that copy will be provided in 15 days (alt) | (b)(2) |
| Amount of last payment, if applicable | (b)(3) |

## Cross-references

- `CivCode-Rosenthal.md` — Rosenthal Act (cumulative with FDBPA)
- `../federal-debt-laws/FDCPA.md` — federal FDCPA (cumulative)
- `FinCode-CDCLA.md` — debt buyers must be DFPI-licensed (2022+)
- `BPC-UCL.md` — UCL "unlawful" prong borrows FDBPA violations
- `../../../ca-consumer-debt/SKILL.md` — workflow that uses
  these statutes
- `../../../ca-consumer-debt/references/chain-of-title.md` —
  debt-buyer chain-of-title doctrine
- `../../../ca-consumer-debt/references/rfp-debt-buyer.md` —
  RFP bank targeting FDBPA documentation requirements