The Fair Debt Collection Practices Act, referred to as the FDCPA, protects consumers from abusive debt collection practices by debt collectors.  A “debt collector” under the FDCPA refers to someone (such as a debt collection agency or attorney) who is engaged in the business of collecting or attempting to collect debts owed to another person.   The FDCPA does not apply to your original creditor (or its employees).

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 Among other things, the FDCPA prohibits debt collectors from:

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• Contacting you at an “unusual” time or place. 

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• Contacting your employer when the collector knows that your work does not allow these communications.

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• Continuing to contact you after you have given written notice that you wish to be left alone. 

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• Engaging in other harassing, oppressive, or abusive tactics, including but not limited to threatening you, using obscene or profane language, publishing consumers who refuse to pay debts, repeatedly calling you, and calling you without meaningfully disclosing the caller’s identity. 

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• Using a false, deceptive, or misleading representation or means in connection with the collection of a debt.

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• Using various unfair or unconscionable means to collect a debt.

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In California, the Rosenthal Act (Cal. Civ. Code § 1788) requires most original creditors (not just collection agencies and collection attorneys hired to collect debts owed to someone else) to comply with most provisions of FDCPA when attempting to collect a consumer debt and provides additional protections for consumers.

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If you have been contacted by a debt collector, you should not ignore it.  You have a right to dispute the debt, and you may also be entitled to compensation if the debt collector violates your rights under the FDCPA and/or the Rosenthal Act.

 

If you are experiencing abusive, deceptive, or unfair acts by collectors or creditors, contact The Sequoia Law Firm for a case evaluation.