Debt Collector Harassment FAQ

Under the California Rosenthal Fair Debt Collection Practices Act (Civil Code section 1788.10), harassment by a debt collector includes a broad range of abusive conduct designed to intimidate or coerce consumers into payment. Harassment encompasses using threats of violence or criminal prosecution, using obscene or profane language, repeatedly calling with intent to annoy or harass, publishing "deadbeat lists" or threatening to do so, and making false accusations of fraud or criminal conduct.

The law also prohibits collectors from calling at unreasonable hours (before 8 AM or after 9 PM), calling repeatedly in a short period, or using any conduct that would naturally oppress, harass, or abuse any person. California courts interpret harassment broadly to include patterns of behavior that cause significant distress, even if individual calls might seem routine. The frequency and timing of calls, tone of voice, and content of messages all factor into harassment determinations. If you experience conduct that feels threatening, intimidating, or designed to wear you down through repetition, you may have grounds for a harassment claim.

Under federal Regulation F, which implements the FDCPA and applies in California alongside the Rosenthal Act, debt collectors are limited to seven call attempts per debt within a seven-day period, and they cannot call within seven days of having a telephone conversation with you about the debt. However, the California Rosenthal Act provides that any calling pattern intended to annoy, abuse, or harass is prohibited under Civil Code section 1788.11(e), which may provide additional protection beyond federal limits.

Courts examine the totality of circumstances, including the frequency of calls, timing, whether calls continue after requests to stop, and whether the caller leaves harassing voicemails. Multiple calls in a single day can constitute harassment even if within technical limits if the intent appears to be annoyance rather than legitimate communication. If a collector is calling you excessively, document every call with date, time, caller ID information, and any messages left. This evidence is crucial for proving a pattern of harassment. You have the right to send a written cease communication letter demanding the calls stop entirely.

Debt collectors can inform you of their legal rights, but making false or misleading threats about lawsuits or wage garnishment violates both the Rosenthal Act and FDCPA. Under Civil Code section 1788.13, collectors cannot threaten legal action they do not intend to take or cannot legally take. If a collector threatens to sue but the debt is beyond the statute of limitations, or if the collector has no intention of actually filing suit, this is an illegal threat.

Similarly, threatening wage garnishment before obtaining a court judgment is unlawful, as collectors cannot garnish wages without first winning a lawsuit and obtaining a court order. Collectors also cannot falsely imply they are attorneys or that a lawsuit has already been filed when it hasn't. The key distinction is between truthful statements about potential legal consequences and empty threats designed to frighten you into payment. If you receive threats of legal action, ask the collector to put their intentions in writing. A collector making legitimate threats will typically follow through, while those making illegal threats often back down when challenged. Document all threats carefully for potential legal claims.

Using abusive, obscene, or profane language is explicitly prohibited under both the California Rosenthal Act (Civil Code section 1788.11(a)) and the federal FDCPA. This prohibition extends beyond obvious profanity to include any language that is abusive, demeaning, or calculated to humiliate you. Collectors cannot call you names, make derogatory comments about your character, use racial or ethnic slurs, or employ sexually explicit language. Even aggressive or threatening tone without specific profanity can constitute a violation if it rises to the level of abuse.

If a collector uses abusive language, you have strong grounds for a lawsuit seeking statutory damages plus compensation for emotional distress. Courts have awarded significant damages in cases involving verbal abuse, particularly when collectors engaged in name-calling or made demeaning statements about the consumer's financial situation. To protect yourself, try to record calls if legally permitted (California requires two-party consent, so inform the caller you're recording), or immediately document exactly what was said, when, and by whom. Request the collector's full name and employee ID. These violations often form the basis for successful lawsuits.

Debt collectors face significant restrictions on workplace contact under both California and federal law. Under Civil Code section 1788.11(b) and the FDCPA, collectors cannot contact you at work if they know or have reason to know that your employer prohibits such communications. Once you inform a collector, verbally or in writing, that you cannot receive calls at work, they must immediately cease workplace contact.

Even without such notification, collectors should not contact you at work in ways that could jeopardize your employment or reveal your debt to coworkers. Collectors absolutely cannot discuss your debt with your employer, supervisor, or coworkers except in very limited circumstances, such as executing a valid wage garnishment order after obtaining a court judgment. If you're being contacted at work, send a written notice via certified mail stating that your employer prohibits debt collection calls and demanding they stop. Keep a copy for your records. If calls continue after your written demand, each subsequent call likely constitutes a separate violation entitling you to additional damages. Workplace harassment can also support claims for emotional distress damages if it causes anxiety about job security.

California Civil Code section 1788.13 and the federal FDCPA prohibit an extensive list of false, deceptive, and misleading representations. Collectors cannot falsely claim to be attorneys, government representatives, or law enforcement. They cannot misrepresent the amount owed, add unauthorized fees, or claim you owe interest not permitted by the original agreement. Collectors cannot threaten actions they cannot or do not intend to take, such as arrest, imprisonment, or property seizure without legal authority.

They cannot falsely claim a debt has been turned over to an attorney for litigation when it hasn't, or imply that nonpayment will result in criminal prosecution. Misrepresenting documents as legal or court papers when they're not, using fake company names designed to appear as law firms or government agencies, and claiming to be credit reporting agencies are all prohibited. Collectors cannot state they will report false information to credit bureaus or that you've committed a crime by not paying. Any communication that creates a false impression about the debt, the collector's authority, or consequences of nonpayment can constitute a violation. These misrepresentations form the basis for many successful consumer lawsuits.

Under both the California Rosenthal Act and federal FDCPA, you have the absolute right to demand that a debt collector cease all communication with you. To exercise this right, send a written cease and desist letter via certified mail with return receipt requested to the collection agency. Your letter should clearly state that you are invoking your rights under California Civil Code section 1788.21 and 15 U.S.C. section 1692c(c), and that you demand all contact cease immediately.

Once the collector receives your letter, they may only contact you one more time to confirm receipt and to inform you of any specific actions they intend to take, such as filing a lawsuit. After that, all further contact is prohibited. Keep copies of your letter and the certified mail receipt as proof. It's important to understand that a cease communication letter does not eliminate the underlying debt or prevent the collector from suing you to collect. However, it does stop the harassment and allows you to evaluate your options in peace. If the collector continues contacting you after receiving your cease letter, each contact is a separate violation that can significantly increase your damages in any subsequent lawsuit.

Federal and California law strictly limit a debt collector's ability to contact third parties about your debt. Under Civil Code section 1788.12 and the FDCPA, collectors may only contact third parties for the limited purpose of obtaining your location information (address and phone number). Even then, they generally cannot state that you owe a debt, cannot use any language or symbols on mail that indicate debt collection, cannot contact the same person more than once, and must identify themselves only if asked.

Collectors are absolutely prohibited from discussing your debt's existence or amount with family members, friends, neighbors, or anyone else who is not a spouse, parent (if you're a minor), or co-signer on the debt. Disclosing debt information to unauthorized third parties is one of the most serious violations and often results in substantial damage awards. If a collector has told your family members about your debt, contacted relatives repeatedly, or discussed your finances with anyone without authorization, document exactly what was said and to whom. These violations cause real harm to personal relationships and reputation, and courts recognize this through emotional distress damages.

If you're experiencing debt collector harassment, take systematic steps to protect yourself and build a potential legal case. First, start documenting immediately: keep a detailed log of every contact including date, time, phone number, caller name, company name, and a summary of what was said. Save all voicemails, letters, emails, and text messages. If you want to record calls, you can inform the caller at the start that you're recording; if they continue, they've consented.

Second, send a written validation request within 30 days of first contact if you haven't already, and consider sending a cease communication letter if you want the contact to stop. Third, file complaints with the California Attorney General, the Consumer Financial Protection Bureau (CFPB), and the Federal Trade Commission. These agencies track complaints and take action against repeat violators. Fourth, consult with a consumer rights attorney who handles debt collection abuse cases. Most offer free consultations and work on contingency, so you pay nothing unless you recover damages. Fifth, do not ignore the debt itself; consider your options including negotiating a settlement, disputing the debt, or consulting about bankruptcy if appropriate.

Yes, the Rosenthal Act and FDCPA apply to all forms of communication, including text messages, emails, and social media contacts. Under federal Regulation F, which became effective in 2021, debt collectors must follow specific rules when using electronic communications. They must provide clear identification that the communication is from a debt collector, include instructions on how to opt out of electronic communications, and cannot communicate with you through a specific medium if you've opted out of that medium.

For emails and texts, collectors must provide an easy way to unsubscribe from future electronic messages. Social media communications face even stricter rules: collectors can only use private messaging, never public posts, and must not be viewable by the general public or the consumer's social media contacts. The same prohibitions against harassment, false statements, and unfair practices apply to electronic communications just as they do to phone calls and letters. Excessive texting, threatening emails, or any electronic communication designed to harass or deceive violates the law. If you're receiving harassing texts or emails, save all messages with timestamps and metadata, as these provide excellent evidence for legal claims.