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 are all actionable — and often carry statutory penalties even without proof of monetary harm.
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 $100–$1,000 per violation under Rosenthal), 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. Statutory damages under the TCPA are $500–$1,500 per call, which stacks quickly when a collector places dozens of calls.
Reported injuries
Complications documented in this litigation.
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.
Who may qualify
An honest self-check.
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.
The conduct occurred within the last year (FDCPA) or four years (Rosenthal / TCPA in California).
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.
Information current as of 2026. 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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