(a) âChargesâ means the amount of money to be paid to the consumer legal funding company by or on behalf of the consumer, above the funded amount provided by or on behalf of the company to a California consumer pursuant to this article. Charges include all administrative, origination, underwriting, or other fees, including interest, no matter how denominated. Those charges shall not exceed 36 months from the funding date. (b) âConsumerâ means a natural person who has a pending legal claim and who resides or is domiciled in California. (c) âConsumer legal fundingâ means a nonrecourse transaction in which a consumer legal funding company purchases and a consumer assigns to the company a contingent right to receive an amount of the potential proceeds of a settlement, judgment, award, or verdict obtained in the consumerâs legal claim. (d) âConsumer legal funding companyâ means a person or entity that enters into a consumer legal funding contract with a consumer. A consumer legal company shall not include any of the following: (1) An immediate family member of the consumer. (2) A bank, lender, or other special purpose entity that is engaged in either of the following: (A) Provides financing to a consumer legal funding company. (B) Receives a security interest or transfer of rights from a consumer legal funding company. (3) An attorney or accountant who provides services to a consumer. (e) âFunded amountâ means the amount of moneys provided to, or on behalf of, the consumer through a transaction meeting the definition of consumer legal funding. (f) âFunding dateâ means the date on which the funded amount is transferred to the consumer by the consumer legal funding company either by personal delivery, wire, automated clearing house, or other electronic means, or mailed by insured, certified, or registered United States mail. (g) âImmediate family memberâ means a parent, sibling, child by blood, adoption, or marriage, spouse, domestic partner, cohabitant, stepchild, immediate in-law, aunt, uncle, first cousin, grandparent, or grandchild. (h) âLegal claimâ means a bona fide civil claim or cause of action. (i) âResolution dateâ means the date the funded amount, plus the agreed upon charges, are delivered to the consumer legal funding company by the consumer or the consumerâs attorney. (j) Nothing in this article shall apply to support legal services rendered to an attorney regarding the legal claim.
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