What can I do about debt collector harassment in California?

Both the federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) and California's Rosenthal Act (Civil Code section 1788) prohibit collector threats, obscene language, repeated calls to annoy, calls before 8 a.m. or after 9 p.m., and misrepresentations. California's act also covers original creditors, and remedies include actual damages, statutory penalties up to $1,000 per violation, and attorney fees.

Invoke two statutes with real penalties. The federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) and California's Rosenthal Act (Civil Code section 1788 et seq.) prohibit collectors from threatening violence or arrest, using obscene language, calling repeatedly to annoy, calling before 8 a.m. or after 9 p.m., discussing the debt with third parties, or misrepresenting the amount owed or legal consequences. California's act is broader in one decisive way: it covers original creditors, banks and card issuers collecting their own debts, not just collection agencies. Remedies include actual damages, statutory penalties (up to $1,000 per violation under each act), and attorney fees, with Rosenthal claims due within one year (section 1788.30(f)). Collectors suing on old debt face California's four-year limit on written contracts, and the 2019 Fair Debt Buying Practices Act requires debt buyers to prove their chain of ownership. Document every call, keep voicemails, and dispute in writing; the paper trail is the case.

Authority: Cal. Civ. Code § 1788