Consumer debt consists of personal debts for goods purchased for personal or household consumption—as opposed to debts incurred for the operation of a business. Common examples of consumer debt include (1) credit card debt; (2) student loans; (3) home mortgage loans; (4) car or auto loans; (5) payday loans; (6) medical debts; and (7) unpaid utility and telephone bills.
In California, consumer debt is regulated by both state statutes and federal law. The state's Rosenthal Fair Debt Collection Practices Act mirrors the federal Fair Debt Collection Practices Act (FDCPA) and provides additional protections. These laws regulate the behavior of debt collectors, prohibiting practices such as harassment, false statements, and unfair practices. Credit card debt, student loans, mortgages, auto loans, payday loans, medical debts, and unpaid utility bills are all considered consumer debts. California also has specific laws regarding the foreclosure process for home mortgage loans, including a requirement for lenders to contact borrowers to assess their financial situation and explore options to avoid foreclosure before initiating the foreclosure process. The state imposes regulations on payday loans, limiting the amount that can be borrowed and the fees that can be charged. For student loans, borrowers in California are also protected by the Student Loan Servicing Act, which requires student loan servicers to be licensed and comply with consumer protection standards. It's important for consumers to understand their rights and obligations under these laws, and they may seek advice from an attorney if they face issues with consumer debt.