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    AB-866
    Consumer Protection

    Student loan servicing.

    Engrossed
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Expands consumer protection laws to regulate student loan servicers under the Unfair Competition Law.
    • Classifies student loans as consumer debts protected by the Rosenthal Fair Debt Collection Practices Act.
    • Subjects loan servicers to civil penalties and criminal prosecution for unfair collection practices.

    Summary

    Assembly Member Ortega's legislation expands California's consumer protection framework by placing student loan servicers under the jurisdiction of both the Unfair Competition Law (UCL) and the Rosenthal Fair Debt Collection Practices Act. The measure adds Section 28180.5 to the Financial Code, formally classifying student loan servicers as entities subject to UCL oversight and defining student loans as consumer debts under the Rosenthal Act's provisions.

    The bill establishes that transactions resulting in student loans constitute consumer credit transactions under the Rosenthal Act, which regulates debt collection practices and provides remedies for violations. Under current law, the Commissioner of Financial Protection and Innovation oversees student loan servicer licensing, while the UCL authorizes civil penalties for unfair business practices, with enforcement authority granted to specified public attorneys. The Rosenthal Act separately enables debtors to pursue damages for improper collection practices and includes criminal penalties for certain violations.

    By incorporating student loan servicing into these existing consumer protection mechanisms, the measure creates additional oversight channels and enforcement options. Local agencies may incur costs related to the bill's criminal provisions, though the legislation specifies that state reimbursement is not required under the California Constitution's provisions regarding state-mandated local programs.

    Key Dates

    Next Step
    Referred to the Senate Standing Committee on Appropriations
    Next Step
    Senate Committee
    Referred to the Senate Standing Committee on Appropriations
    Hearing scheduled for , 1021 O Street, Room 2200
    Senate Judiciary Hearing
    Senate Committee
    Senate Judiciary Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar
    Senate Banking and Financial Institutions Hearing
    Senate Committee
    Senate Banking and Financial Institutions Hearing
    Do pass, but first be re-referred to the Committee on [Judiciary] with the recommendation: To Consent Calendar
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 866 Ortega Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass
    Assembly Banking And Finance Hearing
    Assembly Committee
    Assembly Banking And Finance Hearing
    Do pass and be re-referred to the Committee on [Appropriations]
    Assembly Judiciary Hearing
    Assembly Committee
    Assembly Judiciary Hearing
    Do pass and be re-referred to the Committee on [Banking and Finance]
    Introduced
    Assembly Floor
    Introduced
    Read first time. To print.

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Megan DahleR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Liz OrtegaD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    0 of 8 row(s) selected.
    Page 1 of 2
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Profile
    Megan DahleR
    Senator
    Committee Member
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Profile
    Liz OrtegaD
    Assemblymember
    Bill Author
    Profile
    Aisha WahabD
    Senator
    Committee Member
    Profile
    Christopher CabaldonD
    Senator
    Committee Member
    Profile
    Laura RichardsonD
    Senator
    Committee Member

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Liz Ortega
    Liz OrtegaD
    California State Assembly Member
    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/2/2025)

    Latest Voting History

    View History
    July 15, 2025
    PASS
    Senate Committee
    Senate Judiciary Hearing
    AyesNoesNVRTotalResult
    130013PASS

    Key Takeaways

    • Expands consumer protection laws to regulate student loan servicers under the Unfair Competition Law.
    • Classifies student loans as consumer debts protected by the Rosenthal Fair Debt Collection Practices Act.
    • Subjects loan servicers to civil penalties and criminal prosecution for unfair collection practices.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Liz Ortega
    Liz OrtegaD
    California State Assembly Member

    Summary

    Assembly Member Ortega's legislation expands California's consumer protection framework by placing student loan servicers under the jurisdiction of both the Unfair Competition Law (UCL) and the Rosenthal Fair Debt Collection Practices Act. The measure adds Section 28180.5 to the Financial Code, formally classifying student loan servicers as entities subject to UCL oversight and defining student loans as consumer debts under the Rosenthal Act's provisions.

    The bill establishes that transactions resulting in student loans constitute consumer credit transactions under the Rosenthal Act, which regulates debt collection practices and provides remedies for violations. Under current law, the Commissioner of Financial Protection and Innovation oversees student loan servicer licensing, while the UCL authorizes civil penalties for unfair business practices, with enforcement authority granted to specified public attorneys. The Rosenthal Act separately enables debtors to pursue damages for improper collection practices and includes criminal penalties for certain violations.

    By incorporating student loan servicing into these existing consumer protection mechanisms, the measure creates additional oversight channels and enforcement options. Local agencies may incur costs related to the bill's criminal provisions, though the legislation specifies that state reimbursement is not required under the California Constitution's provisions regarding state-mandated local programs.

    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/2/2025)

    Key Dates

    Next Step
    Referred to the Senate Standing Committee on Appropriations
    Next Step
    Senate Committee
    Referred to the Senate Standing Committee on Appropriations
    Hearing scheduled for , 1021 O Street, Room 2200
    Senate Judiciary Hearing
    Senate Committee
    Senate Judiciary Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar
    Senate Banking and Financial Institutions Hearing
    Senate Committee
    Senate Banking and Financial Institutions Hearing
    Do pass, but first be re-referred to the Committee on [Judiciary] with the recommendation: To Consent Calendar
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 866 Ortega Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass
    Assembly Banking And Finance Hearing
    Assembly Committee
    Assembly Banking And Finance Hearing
    Do pass and be re-referred to the Committee on [Appropriations]
    Assembly Judiciary Hearing
    Assembly Committee
    Assembly Judiciary Hearing
    Do pass and be re-referred to the Committee on [Banking and Finance]
    Introduced
    Assembly Floor
    Introduced
    Read first time. To print.

    Latest Voting History

    View History
    July 15, 2025
    PASS
    Senate Committee
    Senate Judiciary Hearing
    AyesNoesNVRTotalResult
    130013PASS

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Megan DahleR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Liz OrtegaD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    0 of 8 row(s) selected.
    Page 1 of 2
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Profile
    Megan DahleR
    Senator
    Committee Member
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Profile
    Liz OrtegaD
    Assemblymember
    Bill Author
    Profile
    Aisha WahabD
    Senator
    Committee Member
    Profile
    Christopher CabaldonD
    Senator
    Committee Member
    Profile
    Laura RichardsonD
    Senator
    Committee Member