A court finds that an unlicensed company willfully violated the CFL when making a $2,000 consumer loan subject to section 22750(b). What does that subsection provide about collecting the loan?
Correct Answer
C) The contract is void; principal, charges, and other recompense cannot be collected
Section 22750(b) expressly addresses a willful CFL violation in making or collecting a loan by a licensee or an unlicensed person subject to the law. For the stated covered transaction, it voids the contract and bars recovery of principal as well as charges. This is not a blanket conclusion about every accidental licensing error. Source: Cal. Fin. Code § 22750
Why This Is the Correct Answer
Section 22750(b) expressly addresses a willful CFL violation in making or collecting a loan by a licensee or an unlicensed person subject to the law. For the stated covered transaction, it voids the contract and bars recovery of principal as well as charges. This is not a blanket conclusion about every accidental licensing error. Source: Cal. Fin. Code § 22750
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