The California Fair Debt Collection Practices Act seeks to protect consumers in the state of California from abusive debt practices by collectors in much the same way as the FDCPA, but with a stricter set of guidelines.
These guidelines also regulate companies that are in the business of collecting old and unpaid debts. The California FDCPA regulates the standards and methods of debt collection and does not stop collectors from collecting unpaid debt. However, the guidelines apply to all debts purchased after the enactment of the Act in the year 2014.
There are many similarities between the Fair Debt Collection Practices Act and as mentioned, the California FDCPA is but a step ahead on the FDCPA. Debt collectors under the California FDCPA include collection agencies and other entities that derive income from debt collection, businesses that create tools used for debt collection, as well as attorneys or similar professionals who collect debts. Further, it also covers debt collectors and agencies not necessarily licensed in the state.
Under this Act, here are some practices considered debt harassment:
- Repeated calls made to consumers, including calls made late in the night or early morning
- Threats made; use of abusive language while taking to consumers
- No identity provided by those calling. Also, calling people other than those who actually owe the debt is considered harassment
- Using false or misleading documents to prove the debt
- In case of legal action being considered, the collector must show a notice to the effect
Why you still need an attorney
Even if the California FDCPA is similar to the FDCPA and you feel well informed about it, you may still need professional help to stop the harassment; especially because there is nothing to actually stop debt collectors from contacting you without legal recourse. Because creditors have every right to collect overdue debt, it is actually only their behavior that will determine whether a consumer is facing harassment or not.
Given the nature of harassment and abuse of legal statutes, an attorney who understands the trauma faced by the borrower while also being conversant with the California FDCPA guidelines can help put a stop to the debt harassment . Some of the steps you can take yourself:
- Contact legal help
- Start keeping a record of the communication made
- If you have conveyed to the agency or agencies in writing, keep a copy of the instructions
- Understand that collection of overdue debt by itself is not illegal
About Us:
Legal Rights Advocates, PLLC is a law firm that helps clients who are facing harassment from debt collectors in any form, including over the telephone. Our team of attorneys with knowledge of California FDCPA , over the years has helped countless clients get protections from debt collection practices that are deemed as unlawful and illegal under the FDCPA, California FDCPA and TCPA laws.
If you are interested in learning more about how to safeguard yourself better from debt related harassment, call us at (855) 254-7841 for immediate assistance.
(855) 254-7841
(855) 254-7841
