The Fair Debt Collection Practices Act (FDCPA) was established in 1978 by the Federal Trade Commission (FTC) to protect Americans from harassment by debt collectors and to ensure fair debt collection practices. Along with the federal FDCPA, many states have themselves enacted laws like the FDCPA, which provide similar or even expanded protection against unfair debt collection attempts. California has just such a law, commonly referred to as the Rosenthal Fair Debt Collection Practices Act (RFDCPA). The RFDCPA protects debtors from California debt collector harassment.
For example, California state law prohibits debt collectors from collecting or attempting to collect a consumer debt by using obscene or profane language, and states that a debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person. It also prohibits the use of violent language, or any attempts to threaten the hearer or reader with violence. A collection agency or its employees must not use intimidation to persuade debtors, and cannot threaten to do anything that it cannot legally do, such as filing a lawsuit on an old or expired debt. It also cannot damage a debtor's property or physically injure debtors or others.
While these laws can be enforced by the federal and state governments, the primary means of enforcement is private, civil lawsuits by consumers subjected to unfair and unlawful debt collection efforts. Such lawsuits can not only stop the harassment, but also obtain monetary compensation for the victim. Attorneys like the Krohn & Moss, Ltd. Consumer Law Center ® have ample experience in the RFDCPA and can help you resolve California debt collector harassment.
There are many debt collectors lurking to catch consumers unawares. Whether they owe a debt or not, if consumers are victims of California debt collector harassment, there is no need to panic. Drastic steps like changing a telephone number will not put an end to California debt collector harassment. Contacting attorneys at Krohn & Moss, Ltd. Consumer Law Center®, however, who have helped thousands of victims of California debt collector harassment, can end the harassment and lead to financial compensation.