Consumer Protection · Creditor Harassment
Creditor Harassment
FDCPA · Rosenthal Act · TCPA — abusive collection stops here
Debt collectors are bound by strict federal and California laws that limit how, when, and where they can contact you. Repeated calls, threats of arrest or garnishment, calls to your workplace after being told to stop, contact after you have hired a lawyer, and robocalls to cell phones without consent may raise legal issues depending on the caller, conduct, consent, applicable exceptions and proof.
Background
What this litigation is about.
The federal Fair Debt Collection Practices Act (FDCPA) applies to third-party debt collectors and prohibits harassment, false or misleading statements, unfair practices, and calls at unusual hours or after a written cease-and-desist. California's Rosenthal Act extends similar protections to original creditors, meaning a bank collecting its own debt can also be liable.
Both statutes provide statutory damages (up to $1,000 per case under the FDCPA plus actual damages, and potential statutory damages under the Rosenthal Act, subject to its requirements and limits), plus attorneys' fees and costs — meaning even relatively small violations can be worth pursuing.
The Telephone Consumer Protection Act (TCPA) addresses collection calls placed to cell phones using autodialers or prerecorded messages without prior express consent. Some TCPA violations may support statutory damages, with possible enhancement for knowing or willful violations. Coverage depends on technology, consent, exemptions and other requirements; not every unwanted call qualifies.
Reported injuries
Reported concerns and potential losses.
Repeated or harassing calls
Multiple calls per day, calls with no meaningful purpose, or calls intended to annoy or abuse.
Threats of arrest, wage garnishment, or lawsuit
Threats of legal action the collector cannot or does not intend to take.
Calls after cease-and-desist
Continued contact after you sent written notice to stop.
Calls after you retained counsel
Contact after the collector was told you are represented by an attorney.
Third-party disclosure
Discussing your debt with family, coworkers, neighbors, or your employer.
Robocalls to cell phones
Autodialed or prerecorded calls to your cell without prior express consent (TCPA).
Collection on a debt that is not yours
Attempting to collect from the wrong person or on a discharged, disputed, or time-barred debt.
Individual review
Facts that may be relevant.
A debt collector or creditor contacted you in a way that felt harassing, threatening, or unlawful.
You have call logs, voicemails, text messages, letters, or a call recording (in California, both parties must consent to record; keep other evidence too).
You told the collector to stop — verbally or in writing — and they continued.
Record the date of each contact. Filing periods vary by statute and claim; prompt individual review is important.
Preserve the pattern without creating new risk
A collector’s conduct and whether a debt is owed are separate questions. Keep court papers and seek timely advice about responding; a complaint to an agency does not replace a court response.
- Log caller identity, number, date, time, stated creditor, and what was said; save voicemails and messages.
- Retain envelopes, collection notices, balance statements, and copies of disputes or requests to stop contact.
- Note when the collector learned of attorney representation or workplace restrictions.
- Do not secretly record conversations without advice about applicable consent laws.
- Avoid sharing bank credentials or paying an unverified caller; confirm the collector independently.
Key events
A timeline of what has happened so far.
1977
Congress enacts the Fair Debt Collection Practices Act.
1991
Congress enacts the Telephone Consumer Protection Act (TCPA).
1977
California enacts the Rosenthal Fair Debt Collection Practices Act.
2019
California expands Rosenthal to cover most consumer-facing debt collection.
Frequently asked
Questions answered plainly.
This page is for general information only, is not legal advice, and does not create an attorney-client relationship. Case statuses, MDL orders, and settlement terms change; call our office for a current review of your specific situation.
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