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Private Student Loan Collection Reform Bill Signed in California

The bill’s approval was part of several higher education reform initiatives and will take effect July 1, 2022.

10/11/2021 9:00

Legislation placing new documentation requirements on private student loan lenders before initiating any collection activity is now final in California.

Gov. Gavin Newsom signed A.B. 424, the Private Student Loan Collection Reform Act, sponsored by State Assemblymember Mark Stone, D-Monterey Bay, last week. The governor also signed a package of bills to improve college affordability and increase access to higher education, according to a news release. Overall, California’s higher education legislation includes $47.1 billion in funding.

A.B. 424 places new documentation requirements on private student loan lenders before initiating any collection activity. It also requires student loan settlements by private student loan lenders and debt collectors to be done in open court.

The Private Student Loan Collections Reform Act will become operative July 1, 2022.

The bill summary states, “The act would prohibit a private education lender or a private education loan collector, as defined, from making any written statement to a debtor in an attempt to collect a private education loan unless the private education lender or private education loan collector possesses certain information regarding the loan and provides this information to the debtor, as specified. The act would require all settlement agreements between a private education lender or private education loan collector and a debtor to be documented in open court or otherwise reduced to writing, as specified. The act would also require a private education lender or private education loan collector that accepts a payment as payment in full or as a full and final compromise of a private education loan, within 30 calendar days, to provide specified information to the debtor regarding the loan.”

Gov. Newsom also recently signed legislation on consumer notification requirements for debt collectors and debt settlements, ACA International previously reported.

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This Terms of Use Agreement is a legal agreement between ACA International, a Minnesota non-profit corporation, whose notice address is contained below, and any of its affiliates (“ACA”) and any person using the website located at www.acainternational.org (“Website”), whether using the public portion of the Website that does not require you to provide any password information (“Public Site”) or the private portion of the Website designated for ACA Members through a password protected login (“Member Site”) (collectively and interchangeably referred to as you or “User”). By using this Website, purchasing products from ACA or utilizing any service or business offered by ACA, you accept these conditions and agree to be bound by the terms of this Agreement.  Please read them carefully.  You may print this Agreement at any time by clicking on the link on the Website.

Terms

ACA provides the Website and various services subject to your compliance with this Terms of Use Agreement, any specifically referenced documents contained herein, and any posted guidelines, rules or other documents applicable to such services or materials posted on the Website that are all incorporated by reference (collectively referred to herein as “Terms of Use”).

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ACA reserves the right to change the Terms of Use from time to time without notice to User. User acknowledges and agrees that it is User’s responsibility to review this Website and the Terms of Use periodically and to be aware of any modifications. User’s continued use of this Website after such modifications will constitute User’s acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition is deemed severed and does not affect the validity and enforceability of any remaining condition.

ACA reserves the right to modify or discontinue the Website, including any features included, at any time with or without notice to User. ACA shall not be liable to User or any third party if ACA chooses to exercise such right. Modifications may include, without limitation, changes in the pricing structure, the addition of fee-based services or changes to limitations on allowable file sizes. Any new features that augment or enhance the services on the Website are also subject to the Terms of Use. The Website is provided “AS IS” with no warranty of any kind associated with the performance of the Website or the Content provided.

Privacy

Subject to ACA’s Privacy Policy located on the Website that is hereby incorporated, User is solely responsible for the contents of any of User’s communications submitted, transmitted, displayed, posted or shared through the Website or to ACA, whether by electronic mail or other means, for any reason (“User Data”). All User Data will be treated as non-confidential and non-proprietary. Unless otherwise established, User retains all rights in the User Data and hereby grants ACA and its designated licensees a non-exclusive, irrevocable, royalty free, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, sublicense, create derivative works, and otherwise use such User Data for any purpose, regardless of the form or medium, whether now known or later developed, in which it is used (“User Data License”). User is responsible for ensuring no User Data is confidential, proprietary, or in any way related to an unsolicited idea or proposal, and User waives any allegation claiming otherwise.

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Electronic Communications

By providing your email address to ACA, User consents to receive electronic communications from ACA. ACA will communicate with User by e-mail or by posting notices on this Website. User agrees that all agreements, notices, disclosures and other communications that ACA provides to User electronically, satisfies any legal requirement that such communications be in writing. User further agrees that by supplying the User’s email to ACA, User consents to receiving email communication from ACA. This consent applies specifically to all business communications between User and ACA.

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By providing your email address, you further agree that you have access to the hardware and software requirements necessary to review, upload and/or print your electronic communications.

The software and hardware requirements include having a valid email address that is personal and private to you, along with the ability to open a PDF document through a free Adobe™ or similar viewing program. If, at any time, you no longer have access to the necessary requirements, you agree to submit a request through our Website to update your contact information. You understand that ACA will notify you if there is any change in the hardware or software requirements that could impact your ability to access electronically formatted documents. Your continued use of the electronic documents after such time will serve as reaffirmation that you have sufficient hardware/software to view such documents.

As long as your consent is valid, you understand you must notify ACA of any change in your email. You take sole responsibility for failure to provide ACA with updated contact information.

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User’s use of the Website is subject to all applicable laws and regulations. User agrees not to upload, share, post, or otherwise distribute or facilitate distribution of ACA Content (defined below) or User Data that is or is used in a manner that is “Objectionable,” including, without limitation, displaying any Content or posting any User Data that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties, consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam,” includes a false e-mail address, impersonates any person or entity or otherwise misleads as to the origin of a card or other content. ACA reserves the right, but has no obligation, to remove or edit such Objectionable User Data.

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ACA’s Intellectual Property is important and its protection is vital to ACA’s role in the credit and debt collection industry. The following provisions apply to ACA’s protection of its Intellectual Property.

Definitions

“ACA Content” means Information owned, created, or provided by ACA, either directly, or indirectly through speakers, committee members, independent contractors, members of ACA or any other party presenting information through ACA, or at an ACA sponsored event, including, but not limited to, any oral presentations, PowerPoint™ slides, written materials, Information included on the Website, such as software programs, training guides, presentations and seminars, and Intellectual Property.

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“Intellectual Property” and/or “IP” means any and all United States and foreign intellectual property rights included within any Information owned or created by ACA, along with any associated advertising materials, publications, technical papers and computer software, including, but not limited to: (a) all unexpired patents and patent applications and all rights therein, and any continuation, divisional, extensions, reissues, reexaminations or substitutions thereof, any subsequent filings in any country claiming priority therefrom, and any and all discoveries or inventions whether or not embodied within the foregoing, and any right, whether by license or otherwise, to use or exploit any of the foregoing; (b) all original works of authorship and all copyrights in any jurisdiction (whether or not registered), including, but not limited to, any renewals or extensions thereof, and all derivative works, whether in the current medium or any medium later developed, and any right, whether by license or otherwise, to use or exploit any of the foregoing (“Copyright(s)”); (c) trademarks, service marks, association marks, trade dress or other source identifiers, whether registered or unregistered, that are used by ACA (“Trademark(s)”); (d) all Confidential Information related to the items listed herein; and (e) any other proprietary rights associated with ACA’s Information, whether or not Confidential Information.

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By accepting the Terms of Use, User acknowledges and hereby agrees that unless expressly stated otherwise, all ACA Content is solely owned and the property of ACA. User is granted a nonexclusive, revocable, non-assignable, limited license to: (a) access the ACA Content available through the Website for personal use; and (b) create a hyperlink to the Website on User’s website, so long as the link does not portray ACA, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner, and User states that ACA is not affiliated with User. All rights not granted herein are reserved for ACA. This license specifically, but not exclusively, does not grant User: (a) any right to use Trademarks or Copyrights without ACA’s express written permission; (b) any right to resale or commercial use of the Website or ACA Content; (c) any right to create derivative use of the Website or ACA Content; (d) any right to use data mining, robots, or similar data gathering and extraction tools in connection to the Website or ACA Content; (e) any right to copy, commercialize, reproduce, modify, republish, upload, post, transmit, create derivative works or distribute any ACA Content from the Website, in any form, or by any means without prior written permission from ACA; (f) any right to frame or utilize framing techniques to enclose any Intellectual Property without express written consent of ACA; (g) the right to use any meta tags or any other “hidden text” using Intellectual Property without the express written consent of ACA; (h) any ownership rights to any ACA Content. Any unauthorized use of ACA Content is strictly prohibited and is a violation of ACA’s Intellectual Property rights that may result in criminal or civil penalties, and immediately terminates the permission or license granted herein by ACA.

ACA does not warrant or represent that User’s use of ACA Content or any other materials displayed on, or obtained through, the Website will not infringe the rights of third parties.

Policies

ACA has developed policies to ensure accordance with the laws respecting personal rights, antitrust limitations and ACA’s reputation. User hereby agrees to abide by ACA’s general policies in addition to the Terms of Use, including, but not limited to, ACA’s Logo Use Policy, ACA’s Copyright Policy, ACA’s Privacy Policy, and ACA’s Antitrust and Anti-Harassment Policies, all of which can be found on the Website, which are incorporated herein by reference (“Website Policies”).

User Material

If at any time User believes its copyright, trademark or other property rights have been infringed by a posting on the Website, User shall immediately send notification to ACA’s “Designated Agent” that is identified below.

Designated Agent

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), ACA’ Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:
ACA International
Legal Department
3200 Courthouse Lane, Eagan, MN 55121-1585
(952) 926-6547

User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, ACA may immediately remove the identified materials from the Website without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Product Descriptions

ACA attempts to be as accurate as possible. However, ACA does not warrant that product descriptions or other ACA Content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by ACA itself is not as described, User’s sole remedy is to return the product in unused condition.

Third Party Sites and Information

The Website may offer third party links allowing User to access other sites on the Internet or that include third party user data, commentary, posts, blogs or otherwise include information, documents, software, materials and/or services provided by other parties (“Third-Party Content”). Third Party Content may contain information or material that some people may find inappropriate or offensive. User Data and Third-Party Content are not under ACA’s control and ACA has no affiliation, does not endorse or take responsibility for any User Data or Third-Party Content. User acknowledges that ACA is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the Third-Party Content, nor is ACA responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such Third-Party Content does not imply endorsement of, or association with, the Third-Party Content by ACA.

Disclaimer of Warrranties and Limitation of Liability

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE ARE PROVIDED BY ACA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ACA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. USER EXPRESSLY AGREES THAT USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ACA DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, THE SERVERS, OR E-MAIL SENT FROM ACA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Through User’s use of the Website, User may have the opportunities to engage in commercial transactions with other users and vendors. User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and User.

ACA MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE, AND USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT USER’S OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CONTENT, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE IS PROVIDED SOLELY BY SUCH THIRD PARTY OR THROUGH A SEPARATE ACKNOWLEDGEMENT. ACA DOES NOT INCLUDE ANY EXPRESS PRODUCT WARRANTY WITHIN THE TERMS OF USE.

Indemnification

Upon a request by ACA, User agrees to indemnify, defend and hold ACA harmless from all liability, loss, claim and expense, including attorney’s fees, related to User’s violation of the Terms of Use or misuse of the Website. ACA hereby reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with ACA in asserting any available defenses.

Privacy Policy

ACA’s Privacy Policy, located on the Website, as it may change from time to time, is a part of the Terms of Use and incorporated herein by reference. User is solely responsible for reviewing the Privacy Policy.

International Use

Although the Website may be accessible worldwide, ACA makes no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Users who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, services and/or information made in connection with this Website is void where prohibited.

Termination of Use

User agrees that ACA may, in ACA’s sole discretion, terminate or suspend User’s access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of the Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating User’s relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, User’s right to use the ACA Content available on the Website immediately ceases and User acknowledges and agrees that ACA may immediately deactivate or delete User’s account and all related information and files in User’s account and/or bar any further access to such files or the Website. ACA is not liable to User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by ACA in connection therewith.

Assignment

The Terms of Use may be automatically assigned by ACA in its sole discretion. User may not resell, assign or transfer any of its rights or obligations under the Terms of Use, in whole or in part, without ACA’s prior written consent and any attempt to so resell, assign or transfer will be null and void.

Attorneys’ Fees

In any action, formal or informal, initiated by ACA to enforce the Terms of Use, ACA will be entitled to costs and attorneys’ fees.

Interpretation

If a court finds any provision of the Terms of Use invalid or unenforceable, the remainder of the Terms of Use shall be interpreted so as to best affect the intent of the parties or the parties agree that the maximum period or scope legally permissible under such circumstances will be substituted for the period or scope stated herein.

Amendment

The Terms of Use may be amended at any time by ACA without specific notice to User. The latest Terms of Use will be posted on the Website, and User takes sole responsibility to periodically review the Terms of Use prior to using the Website.

Applicable Law

By using the Website, User agrees that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Use and any disputes relating in any way to ACA or to products or services sold or distributed by ACA and both ACA and User submit to the exclusive personal jurisdiction and venue of the state or federal court in Hennepin County, Minnesota.

Payment of Fees

Fees due by User for using certain services or purchasing products are either set out in a separate agreement or described elsewhere in the Website and are the sole responsibility of User (“Fee”). Any such agreement is incorporated by reference. If User incurs a Fee, User agrees to pay all Fees. ACA will bill all Fees to User’s credit card or other automatic payment option available and provided to ACA by User. User agrees to provide ACA with accurate and complete billing information, including valid credit card information, User’s name, address and telephone number and to provide ACA with any changes in such information within five (5) calendar days of the change. If, for any reason, User’s credit card company refuses to pay the Fee, User agrees that ACA may require User to pay any unpaid amount due upon demand (“Default”) by other means acceptable to ACA. If legal action is necessary to collect any Fees due, User agrees to reimburse ACA for all expenses incurred to recover Fees due, including collection fees, attorney’s fees and other expenses.

Registration Data

In order to access some of the services on the Website, User will require an account, password and/or other information and data provided to ACA in connection with the use of the Website (“Registration Data”). By providing Registration Data, User agrees that all information provided in the Registration Data is true and accurate, User is at least eighteen (18) years of age and that User will maintain and update this information as required to keep it current, complete and accurate. User grants ACA the right to disclose to third parties certain Registration Data about User in accordance with its Privacy Policy. Registration Data is considered “Personal Information” within the Privacy Policy. ACA shall act in accordance with the terms of its Privacy Policy when handling the Registration Data. User is also responsible for maintaining the confidentiality of the Registration Data, and for any and all statements made, and acts or omissions that occur by use of the account associated with the Registration Data (“Account”). User must take steps to ensure that no third-party can utilize the Registration Data or the Account. User may not transfer or share User’s Account with anyone, and ACA reserves the right to immediately terminate User’s Account in the event of any unauthorized transfer or sharing. Each Account is personal to a single User.

Exclusive Member Content

Users that are ACA members (“Members”) and in the event the Member is an entity, their properly authorized individual users, will be provided online access to valuable information relevant to the credit and collection industry on the Website and hub.acainternational.org (“Hub”), which is exclusive to Members, much of which is specifically designated as members-only content and requires User specific Registration Data and Account (“Member Content”). Members hereby acknowledge Member Content is the sole property of ACA and is included as ACA Content. Entity Members may authorize individual employee user access to Member Content, wherein each user identified in the ACA user roster will be assigned unique Registration Data. Entity Members are responsible for the conduct of their employees that use the Website and/or the Hub. Entity Member’s responsibility for employee conduct does not absolve the employee of their personal responsibility to comply with Terms of Use. Additions, deletions, and modifications to a Member’s information, and employee roster, must be made by the Member’s designated contact. Members are required to maintain an up-to-date and accurate roster. Rosters must timely reflect changes regarding inactive email addresses and Users who have separated from employment. Only those employees physically located at the approved Member geographical location may be provided access. In no event may any entity Member add a non-employee to its user roster, or otherwise allow non-employees access to Member Content through the Member’s Account. Hub use must comply with ACA’s Hub Terms of Access as they may be amended from time to time, which is incorporated herein by reference. If the Member learns a User identified in the Member’s user roster, or otherwise through the Member’s Account, has improperly accessed or disseminated information originating from ACA or violated the Terms of Use, the Member must report the event to ACA immediately and take appropriate corrective action, which shall include, but not exclusively: (a) preventing further unauthorized access; (b) issuing notice to all known and suspected unauthorized recipients of the breach; (c) providing to ACA a disclosure of all known recipients of Member Content; (d) destroying or returning all information improperly retrieved or disseminated; and (e) cooperating with ACA in such a manner as ACA may determine appropriate under the circumstances to avoid further harm.

Delivery

Unless in downloadable format, most product orders placed with ACA are delivered via FedEx, UPS and USPS, within four (4) business days to two (2) weeks of ordering the product. Back orders can take up to six (6) weeks depending on the type of product ordered. User will pay all shipping charges for ordered and returned items. Shipping charges are subject to change without prior notification to User.

Limitation of Liability

ACA Content is presented for educational, general reference and informational purposes only and is not intended to serve as legal or other advice. ACA does not represent or warrant that ACA Content is accurate, complete or current for any specific or particular purpose or application. ACA Content is not intended to be a full and exhaustive explanation of the law in any area, nor should it be used to replace the advice of your own legal counsel.

ACA CONTENT IS PROVIDED “AS IS.” ACA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO ACA CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE SPECIFIED BY ACA IN WRITING. BY USING ACA CONTENT IN ANY WAY, WHETHER OR NOT AUTHORIZED, USER ASSUMES ALL RISK AND HEREBY RELEASES ACA FROM ANY LIABILITY ASSOCIATED WITH ACA CONTENT, UNLESS SEPARATELY PROVIDED IN WRITING BY ACA IN A SEPARATE CONTRACT.

Risk of Loss

All items purchased from ACA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to User upon our delivery to the carrier.

FURTHER, ACA SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.

Updated 3/1/2019

 

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