California Fair Debt Collection Law
The California Civil Code Sections 1788 to 1788.33 and 1812.700 to 1812.705 deal with debt collection. Indeed, California has its own Fair Debt Collection Practices Act, which to a great extent mirrors the federal Fair Debt Collection Practices Act, in that it says that:
- Debt collectors can’t use obscene or profane language, threaten you, or physically harm you or others
- A debt collection agency can only call between 8:00 a.m. and 9:00 p.m., unless you request to be contacted at other times
- Debt collectors can’t make repeated calls over a short period of time
- You can ask a debt collection agency to only contact you via mail (send your request via certified mail with return receipt requested)
- Debt collectors can’t contact you via postcard or use envelopes that indicate the correspondence is from a collection agency
- When contacting third parties, a debt collector must give his name, but not the collection agency’s name
- When contacting you, a debt collector must give his name or the name of the collection agency
- A debt collector can’t pretend to be someone else
- A debt collection agency can’t send documents that appear to be legal documents when they’re not
- Within five days of contacting you, the debt collection agency must provide you with a written notice outlining the amount you owe, the name of the creditor, and what you need to do in order to dispute the bill
- In the absence of a court judgment, a debt collection agency may only contact your employer in writing, and only to verify your employment and the business location (if the agency receives no response, it may call)
- You can request, in writing, that the debt collection agency may not call you or send written notices to your workplace
- A debt collector can’t trick you into paying for a collect call or telegram
- You can write a cease and desist letter asking the collection agency not to contact you by telephone or in writing
- A debt collection agency can’t threaten or intimidate you into giving them a postdated check
California law allows individual consumers to sue debt collection agencies. A successful lawsuit filed in the state can result in an award of actual damages, penalties of between $100 and $1,000, costs, and attorney fees. This is in addition to being able to sue a debt collection agency for violation of the Fair Debt Collection Practices Act in federal court.
With the help of a fair debt attorney, you can often reach a settlement with a debt collection agency that either puts money in your pocket or erases part or all of that debt. Complete the form to the right, and the legal team at StopCollector.com will provide you with a free case evaluation. If the debt collector has violated California state law and the FDCPA, we’ll take your case absolutely free.
File a Complaint
If you’ve been the victim of illegal fair debt or fair credit practices, you should file a complaint with the California Attorney General. Often, attorneys general use consumer complaints as the basis for filing lawsuits against debt collection agencies. Filing a complaint is a way of making your voice heard, and of helping to put a stop to unethical debt collection practices.
You can file an online complaint with the California Attorney General’s office by clicking here.
Here’s the contact information to call or send a written complaint to the Attorney General’s office:
Office of the Attorney General
Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550
916-322-3360 or 800-952-5225
You should also file a complaint with the Federal Trade Commission (FTC). The FTC is responsible for enforcing the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It looks at patterns of consumer complaints and holds shady debt collection agencies accountable by suing them and fining them. It’s also required to provide Congress with an annual report about debt collection and credit reporting practices that includes the number of consumer complaints filed. You can file a complaint with the FTC by clicking here.
