Debt Collection Harassment

Years ago, my friend fell behind on his credit card payments. His creditors began blowing up his phone, demanding payments, calling him a “deadbeat” and “loser,” and threatening him with legal action.

He said they made him feel like shit, and even worse, he felt helpless to do anything about it. What he (and I) did not know is that their conduct was unlawful, and he had rights under the federal Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA), and similar state laws (such as the California Rosenthal Fair Debt Collection Practices Act, RFDCPA).

In attempting to collect a debt, a debt collector (which includes your creditor in California) cannot harass you with repeated phone calls, threaten action they cannot take or do not intend to take, or use abusive language. And they cannot contact you to collect the debt if you’ve:

• notified them that you’re represented by an attorney;
• filed for bankruptcy;
• notified them in writing to stop contacting you; and
• told them to not contact you at work.

And if you do talk with them, they must identify themselves and state that they are calling about your debt (e.g. specific loan or credit card). And they cannot communicate with any person other than you and your attorney in collecting a debt.

For example, they cannot call your mother and notify her that you owe a debt. There are a number of other things a debt collector or creditor cannot do, and other things they must do, when attempting to collect a debt.

If you’ve been harassed or mistreated by your creditor, call (833) 729-5529.