California Civil Code § 1788.100

For purposes of this title, the following definitions apply: (a) “Borrower” means either of the following: (1) A person who has received or agreed to pay a student loan. (2) A person who shares responsibility for repaying a student loan with a person described in paragraph (1). (b) “Borrower with disabilities” means a borrower who a student loan servicer knows, or reasonably should know, is a person who has a disability, as defined in Section 54. (c) “Borrower working in public service” means a borrower who a student loan servicer knows, or reasonably should know, is employed in a public service job, as defined in the Higher Education Act (20 U.S.C. Sec. 1087e(m)) and its implementing regulations. (d) “Commissioner” means the Commissioner of Financial Protection and Innovation. (e) “Department” means the Department of Financial Protection and Innovation. (f) “Engage in the business” means, without limitation, servicing student loans. (g) “In this state” means any activity of a person relating to servicing student loans that originates from this state and is directed to persons outside this state, that originates from outside this state and is directed to persons inside this state, or that originates inside this state and is directed to persons inside this state. (h) “Licensee” means a person licensed pursuant to the Student Loan Servicing Act (Division 12.5 (commencing with Section 28100) of the Financial Code). (i) “Military borrower” means any of the following: (1) A borrower who is one of the following: (A) A servicemember as defined in the Servicemember Civil Relief Act (50 U.S.C. Sec. 3911). (B) Self-identifies as a service member when interacting with a student loan servicer. (C) Is a service member as defined in Section 400 of the Military and Veterans Code. (2) A borrower who is a veteran of a branch of the Armed Forces as defined in Section 101 of Title 38 of the United States Code. (3) An authorized representative of a borrower described in paragraph (1) or (2). (j) “Older borrower” means a borrower who a student loan servicer knows, or reasonably should know, is a senior citizen, as defined in Section 51.3. (k) “Overpayment” means a payment on a student loan account in excess of the monthly amount due from a borrower on a student loan, also commonly referred to as a prepayment. (l) “Partial payment” means a payment on a student loan account in an amount less than the current amount due from a borrower on the student loan account, also commonly referred to as an underpayment. (m) “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a trust, an unincorporated organization, a government, or a political subdivision of a government, and any other entity. (n) “Qualified request” means any inbound telephone call, the subject of which cannot be resolved in a single phone call, made by a borrower to a student loan servicer in which either the borrower requests specific information from the student loan servicer or reports what the borrower believes to be an error regarding the borrower’s account. (o) “Qualified written request” means a written correspondence made by a borrower, other than notice on a payment medium supplied by a student loan servicer, that is transmitted by mail, facsimile, or electronically through an email address or internet website designated by the student loan servicer to receive communications from a borrower that does all of the following: (1) Enables the student loan servicer to identify the name and account of the borrower. (2) Includes a statement of the reasons for the belief by the borrower, to the extent applicable, that the account is in error or that provides sufficient detail to the servicer regarding information sought by the borrower, such as requesting a complete payment history for the loan or the borrower’s account, a copy of the borrower’s student loan promissory note, 

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