Kelly Seyarto

Existing law, the California Financing Law, generally regulates the business of finance lenders and brokers and prohibits any person from engaging in those businesses without obtaining a license from the Commissioner of Financial Protection and Innovation. Existing law also imposes various requirements on licensees who offer or sell commercial loans, as defined. Existing law prohibits a person that receives compensation in connection with a referral of a commercial loan from making a materially false or misleading statement or representation to a borrower about the terms or conditions of a prospective loan or from engaging in various other deceptive and unfair acts. A willful violation of the California Financing Law is a crime, except as specified.

This bill would prohibit a financial institution from engaging in unfair, deceptive, or abusive acts or practices in the use of mortgage trigger lead information, defined to include certain consumer credit information related to a real estate-secured loan application. The bill would provide that a violation of these provisions occurs if the financial institution takes various acts, including, among others, failing to clearly and conspicuously disclose to the consumer, at the initial point of contact, that the financial institution is not affiliated with the consumer's original lender or broker. The bill would make a violation of these provisions an unlawful, unfair, or deceptive business practice under specified law. The bill would authorize the Attorney General, the Commissioner of Financial Protection and Innovation, and local prosecutors to enforce this section. The bill also would authorize a consumer who suffers a violation of these provisions to bring a private right of action for damages, injunctive relief, and reasonable attorney's fees. By expanding the scope of a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.