Stop abusive debt collectors using the Rosenthal Fair Debt Collection Practices Act and federal FDCPA. California provides stronger protections than any other state, covering original creditors too.
$1,000
Statutory Damages Per Suit
4 Years
Statute of Limitations
100%
Attorney Fees Recoverable
Your Rights Against Debt Collectors in California
California has the strongest debt collection laws in the nation. The Rosenthal Fair Debt Collection Practices Act extends federal FDCPA protections to ALL debt collectors - including original creditors collecting their own debts. If a collector harasses you, you may be entitled to damages.
California Advantage: Unlike federal law, California's Rosenthal Act covers original creditors (like your credit card company or hospital billing department) - not just third-party collection agencies. This means virtually any collector in California must follow the rules.
Prohibited Collection Practices
Violation Type
Examples
Damages Available
Harassment
Repeated calls, threats, profanity, calling at work after told to stop
Request validation: Within 30 days of first contact
Send cease letter: Certified mail, return receipt
Check statute of limitations: May be time-barred debt
Don't admit the debt: Can restart SOL clock
Time-Barred Debt: California's statute of limitations for most debts is 4 years. Collectors can still try to collect, but they must disclose the debt is time-barred if asked. Making a payment or acknowledging the debt can restart the clock. Know your rights before responding.
California Rosenthal Fair Debt Collection Practices Act
The Rosenthal Act (California Civil Code 1788) is California's comprehensive debt collection law. It provides stronger protections than federal FDCPA by covering original creditors and providing broader remedies.
Rosenthal Fair Debt Collection Practices Act
California Civil Code 1788-1788.33
Enacted in 1977 and expanded in 2000 to incorporate FDCPA. Covers any "debt collector" including original creditors, collection agencies, attorneys, and debt buyers. Provides for actual damages, statutory damages up to $1,000, and mandatory attorney fees for prevailing consumers.
Key Rosenthal Act Provisions
Section 1788.11 - Prohibited Conduct
Use or threaten violence
Use obscene or profane language
Make repeated phone calls to annoy
Communicate with debtor's employer (except to verify employment)
Threaten arrest or criminal prosecution
Use false or misleading representations
Section 1788.17 - FDCPA Incorporation
The Rosenthal Act incorporates all federal FDCPA provisions (15 U.S.C. 1692). This means California consumers get the benefits of both laws, and can bring claims under either or both.
Importantly, Rosenthal extends FDCPA protections to original creditors, who are exempt from FDCPA.
Damages Under Rosenthal Act
Damage Type
Amount
Requirements
Actual Damages
Unlimited
Prove financial loss, emotional distress, etc.
Statutory Damages
Up to $1,000 per case
No need to prove actual harm
Attorney Fees
100% of reasonable fees
Mandatory for prevailing consumer
Costs
Court costs and expenses
Available to prevailing party
Class Actions: For widespread violations, consumers can bring class actions under the Rosenthal Act. Class statutory damages can reach $500,000 or 1% of the debt collector's net worth, whichever is less - creating significant leverage against repeat offenders.
Statute of Limitations
Claims under the Rosenthal Act must be filed within:
1 year: Under FDCPA (15 U.S.C. 1692k)
4 years: Under California's UCL (B&P Code 17200)
Accrual: From the date of the violation (each violation starts a new period)
Federal Fair Debt Collection Practices Act (FDCPA)
The FDCPA (15 U.S.C. 1692) is the federal law governing debt collection. While more limited than California's Rosenthal Act, it provides important protections and is incorporated into California law.
Fair Debt Collection Practices Act
15 U.S.C. 1692-1692p
Enacted in 1977 and amended by Regulation F (12 C.F.R. Part 1006) in 2021. Covers third-party debt collectors, collection attorneys, and debt buyers. Does NOT cover original creditors collecting their own debts (but Rosenthal does in California).
FDCPA vs. Rosenthal Act
Feature
FDCPA (Federal)
Rosenthal Act (California)
Covers Original Creditors
No
Yes
Statutory Damages
Up to $1,000
Up to $1,000
Attorney Fees
Yes (prevailing consumer)
Yes (prevailing consumer)
Statute of Limitations
1 year
4 years (via UCL)
Class Actions
$500,000 cap
$500,000 or 1% net worth
Key FDCPA Rights
Validation Rights (Section 1692g)
Within 5 days of first contact, collector must send written notice with:
Amount of debt
Name of creditor
Your right to dispute within 30 days
Your right to request validation
Cease Communication (Section 1692c)
You can stop all collection communications by:
Sending written request to stop contact
Collector can only respond to confirm stopping
Or to notify of specific legal action
2021 Regulation F Changes: New rules allow collectors to contact you via email and text (with opt-out options), limit calls to 7 per week per debt, and require disclosure of time-barred debt status. Collectors who don't comply with these new requirements face additional liability.
Common Debt Collection Violations
Knowing what violations look like helps you document them properly. Many collectors routinely break the law, giving you leverage to settle or sue.
Harassment Violations
These Actions Are Illegal:
Excessive calls: More than 7 calls per week per debt under Reg F
Calls at bad times: Before 8am or after 9pm your local time
Threatening language: "We'll have you arrested" or threats of violence
Obscene language: Profanity, slurs, or verbal abuse
Continued calls at work: After you've told them to stop
Ignoring cease request: Any contact after written cease and desist
False Representation Violations
These Statements Are Illegal:
False identity: Claiming to be an attorney when not, or government official
Contact references: Only to locate you, not discuss debt
How to Document Violations
Call Documentation
Save all voicemails (don't delete!)
Screenshot call logs showing frequency
Note time of each call
Record calls if California one-party consent
Write notes immediately after calls
Written Documentation
Keep all letters and envelopes
Screenshot text messages
Save all emails
Photo any postcards (postcard violates FDCPA)
Keep your cease and desist with delivery confirmation
Each Violation = Potential Claim: Every harassing call, every false statement, every contact after cease request can be a separate violation. Document everything - patterns of abuse significantly strengthen your case and increase potential damages.
Cease and Desist Letter for Debt Collectors
Send this letter to stop collection calls and assert your rights. Send via certified mail, return receipt requested, and keep copies of everything.
[Your Name]
[Your Address]
[City, CA ZIP]
[Date]
[Collection Agency Name]
[Collection Agency Address]
[City, State ZIP]
Via Certified Mail, Return Receipt Requested
[Tracking Number: ________________]
Re: Cease All Communications
Account Reference: [Their Reference Number]
Creditor Name: [Original Creditor if known]
Alleged Debt Amount: $[Amount they claim]
To Whom It May Concern:
This letter is formal notice pursuant to the Fair Debt Collection Practices Act (15 U.S.C. 1692c) and the California Rosenthal Fair Debt Collection Practices Act (California Civil Code 1788.17) to CEASE ALL COMMUNICATIONS with me regarding the above-referenced account.
CEASE ALL COMMUNICATIONS
Pursuant to 15 U.S.C. 1692c(c), I am demanding that you cease all communications with me regarding this alleged debt. Under law, you may only contact me to:
1. Advise that your collection efforts are being terminated;
2. Notify me that you may invoke specified remedies (such as filing a lawsuit); or
3. Notify me that you are invoking a specific remedy.
Any other communication following receipt of this letter will constitute a violation of federal and California law and will be documented for use in legal proceedings.
DEBT VALIDATION DEMAND
[Include this section if within 30 days of their first contact:]
I am also exercising my right under 15 U.S.C. 1692g to dispute this debt and demand validation. Please provide:
1. Proof that you own or are authorized to collect this debt;
2. The original signed contract or agreement creating the debt;
3. A complete payment history from the original creditor;
4. Documentation of how the amount claimed was calculated;
5. Proof that the statute of limitations has not expired.
Until you provide proper validation, you must cease all collection activity on this account.
CEASE CONTACT AT EMPLOYMENT
[Include if they've called your work:]
You have contacted me at my place of employment. I am formally notifying you that my employer prohibits such communications. Any further contact at my workplace will constitute a knowing violation of 15 U.S.C. 1692c(a)(3).
DOCUMENTATION OF VIOLATIONS
[Include if they've already violated the law:]
I have documented the following violations of federal and California law:
- [Date]: [Description of violation, e.g., "Called at 7:15am before permitted hours"]
- [Date]: [Description of violation, e.g., "Threatened arrest if I didn't pay immediately"]
- [Date]: [Description of violation, e.g., "Discussed debt with my mother"]
I am preserving evidence of these violations and reserve the right to pursue legal action under the FDCPA and Rosenthal Act, including statutory damages of up to $1,000 per case, actual damages, and attorney fees.
TIME-BARRED DEBT NOTICE
If this debt is beyond California's 4-year statute of limitations, I am aware that:
- You cannot sue me to collect this debt;
- Making a payment could restart the statute of limitations;
- I am not required to make any payment on time-barred debt.
If this debt IS time-barred, your failure to disclose this fact in your communications may constitute an additional violation.
PRESERVE ALL RECORDS
You are hereby notified to preserve all records related to this account and your communications with me, including but not limited to: call recordings, call logs, correspondence, account notes, and any debt purchase documentation. Destruction of these records may constitute spoliation of evidence.
CONFIRMATION REQUESTED
Please confirm in writing within 10 days that you have received this letter and will honor my cease communication request.
This letter is not an acknowledgment of any debt, and I expressly dispute the validity and amount of any debt you claim I owe.
Sincerely,
[Your Signature]
[Your Printed Name]
cc: [Your attorney, if applicable]
[California Attorney General Consumer Protection]
Important Notes:
Send via certified mail, return receipt requested - keep the green card
Keep a copy of the letter and all documentation
A cease letter doesn't make the debt go away - they can still sue
If they violate the cease request, document it and consult an attorney
Consider consulting with a consumer rights attorney before sending if they've already violated the law
How I Handle California Debt Collection Harassment Cases
I represent California consumers against abusive debt collectors. These cases are often taken on contingency, meaning you pay nothing unless we win - and attorney fees are recoverable from the collector.
Case Evaluation
Review your documentation of violations
Identify FDCPA and Rosenthal Act claims
Calculate potential damages
Assess strength of your case
Pre-Litigation
Send cease and desist letters
Demand debt validation
Document ongoing violations
Negotiate settlements
Litigation
File federal court FDCPA claims
File state court Rosenthal Act claims
Pursue actual and statutory damages
Recover attorney fees from collector
Typical Results
Debt often dismissed or reduced in settlement
$1,000-$5,000+ in damages recovered
Collection calls stopped immediately
Credit reporting corrected
Being Harassed by Debt Collectors?
California law gives you powerful tools to fight back. I handle debt collection harassment cases on contingency - you pay nothing unless we win.
Debt collection harassment cases are typically handled on:
Contingency: 33% of recovery - you pay nothing upfront
Fee-shifting: Collector pays attorney fees if we win (FDCPA/Rosenthal)
Flat fee: $200 for cease and desist letter only
Hourly: $240/hour for complex defense matters
Free Case Review: Send your call logs, letters from collectors, and notes about violations to owner@terms.law with "Debt Harassment" in the subject line. I'll review your case and advise on your options at no charge.