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California Laws | Military and Veterans Code
DIVISION 4. VETERANS' AID AND WELFARE
CHAPTER 3. THE CALIFORNIA MILITARY FAMILIES FINANCIAL RELIEF ACT 8 (800-812)

(b) The holder of an open-ended loan or retail installment account with respect to which the debtor has purchased credit disability insurance with premiums payable monthly together with the installment payments on the loan or the account shall give notice to the debtor that the debtor will not be protected by the insurance during the period specified in Section 800 unless the debtor elects to continue payment of premiums during that period. The debtor may, at his or her option, direct the holder to add the amount of those premiums to the unpaid balance of the account. (1189)

808. (a) During the period specified in Section 800, the reservist may defer payments for leased vehicles without breach of the lease or the foreclosure or repossession of the vehicle. If a lender defers payments pursuant to this section, the lender shall extend the term of the lease by the amount of months the lease was deferred. (1190)

(b) For the purposes of this chapter, "vehicle" means a vehicle as defined in Section 670 of the Vehicle Code. (1191)

809. This chapter shall not apply to any active duty voluntarily served after the close of the Iraq or Afghanistan conflicts or to any reservist on active duty as part of the Iraq or Afghanistan conflicts prior to the effective date of this measure. (1192)

810. In those instances where a financial obligation covered by this chapter is sold, any requirement to defer payments as specified in this chapter transfers to the purchaser of the obligation. (1193)

811. (a) The spouse or legal dependent, or both, of a member of the United States Military Reserve or National Guard of this state who is called to active duty, shall be entitled to the benefits accorded to a member under this chapter, provided that the member is eligible for the benefits. (1194)

(b) This chapter applies only to an obligation specified in this chapter that was incurred prior to the date that a member of the United States Military Reserve or National Guard of this state was called to active duty as part of the Iraq and Afghanistan conflicts. (1195)

812. (a) A person violating any provision of this chapter shall be liable for actual damages, reasonable attorney's fees, and costs incurred by the service member or other person entitled to the benefits and protections of this chapter. (1196)

(b) A service member or other person seeking to enforce rights pursuant to this chapter shall not be required to pay a filing fee or court costs. (1197)

CHAPTER 3.3. CALIFORNIA MILITARY FAMILIES FINANCIAL RELIEF ACT OF 2005 (820-829) (1198)(Text)

820. This chapter shall be known and may be cited as the "California Military Families Financial Relief Act of 2005." (1199)

821. For purposes of this chapter, the following definitions apply: (1200)

(a) "Service member" means either of the following: (1201)

(1) A member of the militia, as defined in Section 120, called or ordered into state military service pursuant to Section 143 or 146, or in federal or state military service pursuant to Title 10 or 32 of the United States Code. (1202)

(2) A reservist of the United States Military Reserve who has been ordered to full-time federal active duty by the President of the United States pursuant to Title 10 of the United States Code. (1203)

(b) "Military service" means either of the following: (1204)

(1) Full-time active state service or full-time active federal service of a service member who is a member of the militia, as described in paragraph (1) of subdivision (a). (1205)

(2) Full-time active duty of a service member who is a reservist, as described in paragraph (2) of subdivision (a), for a period of 30 consecutive days. (1206)

822. No county recorder in this state may impose a fee for the recordation of a power of attorney to act as the agent for a service member for the period the service member is in military service. (1207)

823. (a) Any service member who is in military service, or any spouse or legal dependent of that service member, may terminate, without penalty, a mobile telephony services contract that meets both of the following requirements: (1208)

(1) It is entered into on or after the effective date of this section. (1209)

(2) It is executed by or on behalf of the service member who is in military service, or by any spouse or legal dependent of that service member. (1210)

(b) Termination of the mobile telephony services contract shall not be effective until both of the following occur: (1211)

(1) Thirty days after the service member who is in military service or the spouse or legal dependent gives notice by certified mail, return receipt requested, of the intention to terminate the mobile telephony services contract, and provides a copy of the service member's activation or deployment order and any other information that substantiates the duration of the service member's military service. (1212)

(2) Unless the service member who is in military service, or any spouse or legal dependent of that service member, owns the mobile communication device, the mobile communication device is returned to the custody or control of the mobile telephony services company, or the service member who is in military service or the service member's spouse or legal dependent agrees in writing to return the mobile communication device as soon as practicable after the military service is completed. (1213)

823.5. (a) No person or entity licensed under the Business and Professions Code, Corporations Code, Financial Code, or Insurance Code shall market financial services or products to a service member or former service member, or the spouse of a service member or former service member, in a misleading or deceptive manner that suggests any of the following: (1214)

(1) That the person or entity marketing the financial service or product is acting on behalf of one or more branches of the United States military or the United States Department of Veterans Affairs. (1215)

(2) That the person or entity marketing the financial service or product is an affiliate of one or more branches of the United States military or the United States Department of Veterans Affairs. (1216)

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