Complaints About California Debt Collector Harassment

There has been a tremendous increase in California debt collector harassment complaints. Since 2006 to 2010, California debt collector harassment complaints have risen by 194%. In 2010, 10,914 lawsuits seeking relief under the FDCPA were filed by or for consumers.

The Rosenthal Fair Debt Collection Practices Act (RFDCPA) is equipped with additional protections for consumers when they are dealing with debt collectors. Problem of abusive collectors has been on the increase with the Federal Trade Commission (FTC). Common complaints include harassment by debt collectors who call consumers repeatedly, use threatening or profane language and threaten consumers with illegal actions if they do not pay them the money they demand.

In addiction to all the protections that the federal FDCPA provides, the RFDCPA imposes additional stipulations on debt collectors communicating about your debt to your employer or other outsiders. There is also an additional provision for protection when a collector is attempting to collect on an already cleared debt through bankruptcy. California debt collectors are quite often very aggressive in attempting to collect on wiped out debts.

If you are illegally served with a summons and complaints related to a debt, the RFDCPA protects you. The California debt collector harassment laws demand that a debt collector cannot file a lawsuit against you in another state, county or location that is far from where you live, unless the concerned debt was incurred in that location.

The Federal Trade Commission (FTC) and private attorneys impose the RFDCPA to protect you from debt collection harassment. While it is necessary for you to take calls from debt collectors, the RFDCPA strictly prohibits harassment of any form. The Act restricts debt collectors' calls to prior agreed time. Calling during night or any other inconvenient times is considered a violation of the RFDCPA. Debt collectors are required to send all communication to you in sealed envelopes and not by postcards. The collector must disclose his name and reason for calling as also notifications with information about the amount you owe, the name of the creditor and process to follow if you dispute the bill.

If you have been a victim of the above violations and/or more, you may consult a private attorney. An attorney would directly represent your interests. You may contact attorneys at Krohn & Moss, Consumer Law Center® who have helped thousands of victims of California debt collector harassment to put a full stop to debt collector harassment.

About Krohn & Moss, Consumer Law Center®
The law firm of Krohn & Moss, Consumer Law Center®, was founded in 1995 by attorneys Adam Krohn and Greg Moss, to provide legal representation to consumers with defective vehicles and products. In 1998, Krohn & Moss, Consumer Law Center® consumer fraud practice started, concentrating in auto fraud claims such as odometer setbacks, auto dealer financing scams and vehicle history misrepresentations. In 2002, FCRA (Fair Credit Reporting Act) and FDCPA (Fair Debt Collection Practices Act) violations became an additional focus of the firm, in their efforts to assist victimized consumers with credit reporting and debt collection issues. Krohn & Moss Consumer Law Center® has arbitrated, settled and litigated cases which have had a profound impact on consumer protection law.

Contact:
Krohn & Moss, Consumer Law Center®
10474 Santa Monica Blvd.
Suite 401
Los Angeles, CA 90025

Notifications from Debt Collectors According to the RFDCPA

The Rosenthal Fair Debt Collection Practices Act (RFDCPA) is California state fair debt collection act. It is largely based on the federal Fair Debt Collection Practices Act (FDCPA). California debt collector harassment is governed by both the federal and the state Acts. The RFDCPA was adopted in 1977 to deal with unfair debt collection practices in the state.

According to the RFDCPA, A creditor need not inform you about referring your account to a debt collection agency. A health spa account requires to send notification before the debt is assigned for collection.

California debt collection has taken an ugly turn which is evident in the increasing number of California debt collector harassment cases registered at the Federal Trade Commission (FTC). One of the violations in California debt collector harassment is not sending valid notices when they call you in an attempt to collect debts.

According to RFDCPA, a debt collector is required to send you notification, in his first contact with you regarding an unpaid bill or within five days of his initial contact, the amount you owe, name of the creditor and information regarding your rights about disputing the bill. Whether a California debt collector contacts you by a telephone or in writing, the five-day notification period stands. Many California debt collection agencies post this information on their initial notice itself.

It is mandatory in the RFDCPA for debt collectors to include in each notice the following information:

• Name of the Creditor
• Name and contact details of the collection agency
• Mailing date of the notice
• Total amount due

Under the RFDCPA it is considered legal to contact your employer to find about your employment, location, your medical insurance details or to garnish your wages if court has given a judgment to that effect. If an agency has permission to contact your employer for details about you, debt collection agency should make its inquiry in writing. Should the agency not receive a response in writing, the agency may contact your employer by other means.

A California debt collection agency can contact you at your work place unless it knows that your employer does not appreciate of it. Under the RFDCPA there is a provision to stop being contacted at work if you wish not to be contacted. You should send a notice to the debt collectors requesting them not to contact you at work and if they must, then it should be through a written notice marked Personal and Confidential. All telephonic or other ways of contact by debt collectors can be stopped if you wish to, by sending a written request by certified mail with return receipt request. After this the agency may contact you once more to explain their next course of action.

Avoid Debt Collector's Harassment

The Fair Debt Collection Practices Act (FDCPA) came into practice to regulate the methods used by debt collectors in collecting debt. According to the FDCPA, a debt collector is someone who collects debts on a regular basis. This includes collection agencies, lawyers who collect debts on a regular basis and companies that buy criminal debts and then try to collect them. A debt collector can call during day time on a number agreed by you, and only request for payment. He cannot demand or disturb you in any form. The FDCPA protects you from debt collector harassment.

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