Debt collector harassment: your rights under California law.
The FDCPA is the federal floor. California's Rosenthal Act goes further — and often pays more.
Most people assume there is nothing they can do about aggressive debt collectors. In California, that is almost never true. Two statutes give consumers real leverage — and real damages.
What collectors cannot do
Under the Fair Debt Collection Practices Act (FDCPA) and California's Rosenthal Fair Debt Collection Practices Act, a debt collector may not:
- Call you before 8 a.m. or after 9 p.m.
- Call your workplace once told not to
- Contact third parties about your debt
- Threaten arrest, wage garnishment, or lawsuits they don't intend to file
- Misrepresent the amount, status, or legal status of the debt
- Continue contact after a written cease-and-desist
The Rosenthal Act extends the FDCPA to original creditors, not just third-party collectors — a critical difference under California law.
What you can recover
Statutory damages up to $1,000 per statute, plus:
- Actual damages (emotional distress, lost wages, medical costs)
- Attorneys' fees — the defendant pays, not you
- Injunctive relief stopping the conduct
You do not need to owe money for the statute to apply. Many of our cases involve wrong-person collections or debts already paid.
What to do this week
Save every voicemail. Keep a log of every call — date, time, number, what was said. Do not agree to record settlements over the phone. And send any cease-and-desist in writing.
We handle these matters on contingency. You pay nothing unless we recover for you.
Related practice area
Consumer Protection
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