AB-866
Consumer Protection

Student loan servicing.

Engrossed
CA
2025-2026 Regular Session
0
0
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 has not been scheduled yet
Senate Appropriations Hearing
Senate Committee
Senate Appropriations Hearing
Placed on suspense file
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

August 18, 2025
PASS
Senate Committee
Senate Appropriations Hearing
AyesNoesNVRTotalResult
7007PASS

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 has not been scheduled yet
Senate Appropriations Hearing
Senate Committee
Senate Appropriations Hearing
Placed on suspense file
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

August 18, 2025
PASS
Senate Committee
Senate Appropriations Hearing
AyesNoesNVRTotalResult
7007PASS

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