California Debt Collection Harassment

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 $1,000 statutory + actual + attorney fees
False Representations Misrepresenting debt amount, threatening arrest, false attorney threats $1,000 statutory + actual + attorney fees
Unfair Practices Adding unauthorized fees, collecting time-barred debt without disclosure $1,000 statutory + actual + attorney fees
Third-Party Contact Discussing debt with employer, family, neighbors $1,000 statutory + actual + attorney fees
Ignoring Cease Request Continued contact after written cease and desist $1,000 statutory + actual + attorney fees

Your Rights Under California Law

  • Validation: Demand proof they own the debt
  • Cease contact: Stop all calls with written request
  • Time limits: No calls before 8am or after 9pm
  • Work protection: No calls at work if told to stop
  • Privacy: Can't discuss debt with third parties

Immediate Action Steps

  • Document everything: Call logs, voicemails, letters
  • 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
  • False debt amount: Adding unauthorized fees, wrong balance
  • Threatening arrest: Debt is civil, not criminal (with rare exceptions)
  • False legal threats: "We're filing suit tomorrow" when they're not
  • Misrepresenting credit impact: Threatening to destroy credit illegally
  • Time-barred debt: Failing to disclose debt is past statute of limitations
Third-Party Contact Violations

Collectors Cannot:

  • Discuss debt with family: Can only ask for contact information
  • Contact your employer: Except to verify employment (once)
  • Post publicly: No social media shaming or public disclosure
  • Leave detailed messages: Voicemails mentioning debt violate privacy
  • 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.

Email: owner@terms.law
Fee Structure

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.