Collection laws · Beverly Hills
Creditor Harassment Laws: The FDCPA and the Rosenthal Act
Creditor harassment laws, mainly the federal FDCPA and California's Rosenthal Act, limit when, where and how debt collectors can contact you. In California, the Rosenthal Act also covers original creditors, not just collection agencies. Call (310) 362-9071 if the calls will not stop and you want to know whether bankruptcy fits.
- No calls before 8 a.m. or after 9 p.m. your local time
- No calls to you once a collector knows you have an attorney
- A written request can stop most contact from a collector
- Bankruptcy stops collection contact on debts from before filing
At a glance
Who each law covers
| FDCPA (federal) | Rosenthal Act (California) | |
|---|---|---|
| Where it is found | 15 U.S.C. section 1692 and following | California Civil Code section 1788 and following |
| Who must follow it | Third-party debt collectors, collection agencies and many debt buyers | Anyone who regularly collects consumer debts, including original creditors like banks and card issuers |
| What debts | Personal, family and household debts | Consumer debts |
The Rosenthal Act's reach is the big difference. It defines a debt collector as any person who "in the ordinary course of business, regularly, on behalf of that person or others, engages in debt collection" (Civil Code section 1788.2(c)). So the bank that issued your credit card has to follow California's rules too. California's law also adopts most FDCPA rules.
What collectors cannot do
- Call at odd hours. Calls are presumed allowed only after 8 a.m. and before 9 p.m. your local time (15 U.S.C. section 1692c(a)).
- Go around your attorney. Once a collector knows you have an attorney for the debt, it must contact the attorney, not you.
- Call you at work against your employer's rules. If the collector knows your employer does not allow these calls, it must stop.
- Call over and over. Federal rules presume a collector is harassing you if it calls more than seven times in seven days about a debt, or calls within seven days after speaking with you about it.
- Threaten or abuse. No threats of violence, no obscene language and no threats of arrest or jail for an unpaid debt.
- Lie. No false claims about the amount, about being a lawyer or about lawsuits it does not plan to file.
- Tell others about your debt. Collectors may contact others only in narrow cases, like finding your address, and may not reveal the debt.
A collector also may not threaten to sue on a debt that is too old. See our page on being sued by a debt collector.
How to stop the calls
You can stop most calls by sending the collector a written request to stop. Under 15 U.S.C. section 1692c(c), if you write that you refuse to pay or want contact to end, the collector "shall not communicate further." It may still write to say it is ending collection or to tell you it is taking a specific step, like filing suit.
- Write a short letter. Include your name, the account number and a clear request to stop contacting you.
- Send it in a way you can prove. Certified mail with a return receipt is common.
- Keep a copy. Save the letter and the receipt.
A cease letter stops the calls, not the debt. The collector can still sue. If you are facing several collectors, see our page on how to stop creditor harassment in Beverly Hills.
Damages and keeping records
If a collector breaks the FDCPA, you can sue for your actual damages, extra statutory damages of up to $1,000 and your attorney's fees (15 U.S.C. section 1692k). You generally must sue within one year of the violation. The Rosenthal Act has its own damages, including extra damages for willful violations.
Good records make a claim. Keep:
- A call log with the date, time, number and name of the caller.
- Voicemails, texts, letters and emails.
- Notes on what was said, written down right after the call.
Our practice is limited to bankruptcy, so we do not bring harassment lawsuits. If you file bankruptcy, a claim against a collector is property you must list, so tell us about it.
How bankruptcy stops all contact
Bankruptcy stops collection contact on debts from before you filed. The automatic stay applies to every creditor, not just collectors covered by the FDCPA. After your discharge, a court order bars collection of discharged debts for good.
- Mistake: paying to make calls stop. A payment can restart the pressure and may not fix the problem.
- Mistake: giving bank details by phone. Do not give account access to a caller you have not verified.
- Mistake: deleting voicemails. They may be the proof you need.
What it costs
- Chapter 7: flat attorney fee from $1,200, plus the $338 court filing fee
- Chapter 13: attorney fee quoted in writing, and part of it can be paid through the plan
- Payment plans are available, and the first consultation is free
More on lawsuits and collections
- Stop creditor lawsuits
- The Automatic Stay: What Stops the Moment You File
- Judgment Debt and How Bankruptcy Handles It
- Sued by a Debt Collector in Los Angeles County
- Creditor Harassment Laws: The FDCPA and the Rosenthal Act
- Stop creditor harassment
- Stop bank levy
- Stop wage garnishment
Creditor harassment law questions
What hours can debt collectors call in California?
Debt collectors in California can call after 8 a.m. and before 9 p.m. your local time, unless you agree otherwise. Calls outside those hours are presumed inconvenient under federal law.
Does the Rosenthal Act apply to my credit card company?
Yes, the Rosenthal Act applies to your credit card company if it regularly collects its own consumer debts. That is a key difference from the federal FDCPA.
Can a collector call me at work?
A collector cannot call you at work if it knows your employer does not allow these calls. Tell the collector in writing that calls at work are not allowed.
Does a cease letter make the debt go away?
No, a cease letter does not make the debt go away. It stops most contact, but the collector can still sue. Bankruptcy can discharge the debt itself. Read our guide to stopping creditor lawsuits.
Free consultation
Make the calls stop for good
Call (310) 362-9071 or send the form. Bring your call log and any letters from collectors.
Law Offices of John Asuncion9454 Wilshire Blvd., Penthouse Floor
Beverly Hills, CA 90212
(310) 362-9071
Monday to Friday, 9 a.m. to 6 p.m.