📚 Rosenthal Act Overview
The California Rosenthal Fair Debt Collection Practices Act (California Civil Code Sections 1788-1788.33) provides California consumers with protections against abusive debt collection that go far beyond federal law.
💡 Why Rosenthal is Stronger Than FDCPA
The biggest advantage of California's Rosenthal Act is that it applies to original creditors, not just third-party debt collectors. This means your bank, credit card company, hospital, or any other original creditor must follow the same rules as collection agencies when collecting debts in California.
Who Is Covered by the Rosenthal Act?
🏢 Original Creditors
Banks, credit card companies, hospitals, landlords, auto lenders collecting their own debts
💼 Third-Party Collectors
Collection agencies, debt buyers, and law firms collecting on behalf of others
💳 Debt Servicers
Companies that service loans on behalf of creditors
⚖ Collection Attorneys
Lawyers and law firms that regularly collect debts
Types of Debts Protected
The Rosenthal Act protects consumers regarding:
- Credit card debt - Both original creditor and collection agency
- Medical bills - Hospital billing departments and medical collectors
- Auto loans - Lenders and deficiency collectors
- Personal loans - Banks and finance companies
- Student loans - Private loan servicers and collectors
- Utility bills - Utility companies and their collectors
- Rent/Lease debts - Landlords and property management companies
⚖ Legal Framework: California Civil Code 1788
The Rosenthal Act is codified in California Civil Code Sections 1788 through 1788.33. Here are the key provisions you need to know.
Civil Code 1788.10 - Prohibited Threats
Debt collectors cannot use threats to collect debts, including threats of violence, criminal prosecution, seizure of property without legal right, or actions the collector cannot legally take or does not intend to take.
Civil Code 1788.11 - Prohibited Conduct
Prohibits using obscene language, making annoying calls without identifying oneself, calling before 8am or after 9pm, calling at work when told to stop, and communicating with third parties about the debt.
Civil Code 1788.12 - Creditor Contact Limits
Prohibits contacting your employer about the debt except to verify employment, and prohibits communicating with third parties in a way that reveals the existence of the debt.
Civil Code 1788.13 - False Representations
Prohibits false statements about the debt amount, legal status, or consequences. Also prohibits impersonating government officials or attorneys, and using fake legal documents.
Civil Code 1788.14 - Unfair Practices
Prohibits collecting unauthorized amounts, depositing post-dated checks early, threatening to deposit post-dated checks, and using deceptive collection methods.
Civil Code 1788.30 - Damages and Remedies
Allows consumers to sue for statutory damages of $100 to $1,000, actual damages, and reasonable attorney fees and costs. The 1-year statute of limitations runs from the date of violation.
💡 Rosenthal + FDCPA = Double Protection
For third-party debt collectors, you can bring claims under both the Rosenthal Act and the federal FDCPA. This can increase your leverage and potential recovery. Original creditors are only covered by Rosenthal in California.
🚫 Common Rosenthal Act Violations
Here are the most frequent violations California debt collectors commit, with the specific Civil Code sections they violate.
Time and Place Violations
| Violation | Code Section | Example |
|---|---|---|
| Calls before 8:00 AM | 1788.11(d) | Collector calls at 7:15 AM your time |
| Calls after 9:00 PM | 1788.11(d) | Collector calls at 9:30 PM or later |
| Workplace calls after notice | 1788.11(e) | Continued calls to work after you said stop |
| Calls at inconvenient times | 1788.11(d) | Calling during known work hours, religious services |
Threat Violations
🔒 Arrest/Criminal Threats
"We will have you arrested if you don't pay" - violates 1788.10(e). Debt is civil, not criminal.
🚗 Property Seizure Threats
"We're sending someone to take your car" when they have no lien - violates 1788.10(d).
💰 Wage Garnishment Threats
Threatening garnishment without a judgment or when wages are exempt - violates 1788.10(d).
👤 Reputation Threats
"We will tell your employer/family you're a deadbeat" - violates 1788.10(f).
Third-Party Disclosure Violations
Under Civil Code 1788.12, collectors are severely limited in who they can contact and what they can say:
- Telling family about the debt - Cannot disclose the existence of the debt to your spouse's family, your children, or other relatives
- Telling employer about the debt - Can only contact employer to verify employment, not to discuss the debt
- Telling coworkers - Cannot contact colleagues about your debt
- Telling neighbors - Cannot contact neighbors or reveal debt to third parties
- Postcards/visible envelopes - Cannot send communications that reveal debt information to anyone who might see them
False Statement Violations (1788.13)
- False debt amount - Claiming you owe more than you actually do
- False legal status - Claiming a lawsuit has been filed when it hasn't
- False identity - Pretending to be an attorney, government official, or court representative
- Fake documents - Using forms designed to look like court documents when they're not
- False urgency - "You have 24 hours or we sue" when no lawsuit is planned
- Credit reporting threats - Threatening to report when already reported or time-barred
⚠ Document Everything
Keep detailed records of every violation: dates, times, what was said, who said it, and any witnesses. Screenshot call logs, save voicemails, and keep all letters. This evidence is critical for your demand letter and any potential lawsuit.
💰 Damages Under the Rosenthal Act
California Civil Code 1788.30 provides for the following damages when collectors violate the Rosenthal Act.
| Damage Type | Amount | Details |
|---|---|---|
| Statutory Damages | $100 - $1,000 | Court discretion based on violation severity; per case, not per violation |
| Actual Damages | No cap | Emotional distress, lost wages, medical expenses, harm to credit |
| Attorney Fees | Reasonable fees | Prevailing plaintiff recovers fees from defendant |
| Court Costs | Actual costs | Filing fees, service costs, expert witnesses |
📊 Sample Damages Calculation
Example: Original creditor made 15 calls before 8am, threatened arrest, and disclosed debt to family member
💡 Attorney Fee Shifting
Because the Rosenthal Act allows prevailing plaintiffs to recover attorney fees, most consumer attorneys take these cases on contingency. You pay nothing upfront, and the collector pays your attorney if you win. This makes it economical to pursue even smaller claims.
Factors Courts Consider for Statutory Damages
- Frequency of violations - Multiple violations support higher damages
- Severity of conduct - Threats and harassment weigh more heavily
- Intent - Willful violations versus negligent mistakes
- Harm to consumer - Documented emotional distress, embarrassment
- Collector's history - Repeat offenders may face higher awards
- Good faith defense - Collectors claiming good faith error may get lower awards
📄 Sample Rosenthal Act Demand Letter
Use this template to demand that the collector cease harassment and compensate you for violations. Customize the highlighted sections with your specific information.
📝 Sending Your Letter
- Send via certified mail with return receipt requested to prove delivery
- Keep copies of the letter and all enclosures
- Keep the green card when it returns as proof of delivery
- Document any response or continued violations after sending
❓ Frequently Asked Questions
The biggest difference is who is covered. The federal FDCPA only applies to third-party debt collectors (collection agencies, debt buyers, collection attorneys). California's Rosenthal Act applies to both third-party collectors AND original creditors like banks, hospitals, and credit card companies. This means if your original bank is harassing you, you can sue under Rosenthal even though the FDCPA would not apply.
Under Civil Code 1788.30, you can recover statutory damages of $100 to $1,000 (at the court's discretion), plus any actual damages you can prove (emotional distress, lost wages, medical bills), plus reasonable attorney fees and costs. In practice, settlements and verdicts often range from $3,000 to $15,000+ depending on the severity of violations and whether you have an attorney.
Yes. Unlike federal law, California's Rosenthal Act covers original creditors collecting their own debts. If your bank, credit card company, auto lender, or medical provider engages in harassment, threats, illegal calls, or other prohibited conduct while collecting a debt, they can be held liable under the Rosenthal Act.
Under Civil Code 1788.11(d), debt collectors cannot call you before 8:00 AM or after 9:00 PM in your local time zone. Each call outside these hours is a separate violation that supports a claim for damages.
No. Under Civil Code 1788.10(e), debt collectors cannot threaten criminal prosecution or arrest. Consumer debt (credit cards, medical bills, etc.) is a civil matter - you cannot be jailed for failing to pay. Any threat of arrest or criminal action is illegal and gives you grounds to sue for damages.
You have only 1 year from the date of the violation to file a lawsuit under the Rosenthal Act (Civil Code 1788.30(f)). This is a strict deadline. If you have experienced harassment or other violations, consult an attorney promptly to preserve your rights.
No. Under Civil Code 1788.12, debt collectors cannot communicate with third parties (family, friends, coworkers) about your debt except in very limited circumstances to locate you. If a collector told your family member, employer, or coworker about your debt, that is a violation giving you grounds to sue.
While you can pursue claims in small claims court without an attorney (up to $12,500), having a consumer rights attorney is highly recommended for larger claims. Because the Rosenthal Act allows fee-shifting, most consumer attorneys work on contingency - you pay nothing unless you win, and the collector pays your attorney fees.
Stop the Harassment and Get Compensated
If a debt collector or original creditor has harassed you, made illegal threats, or violated your rights under California law, I can help you fight back and recover damages.
Book a ConsultationOr email me directly: owner@terms.law