Taking a call from debt collectors can be a stressful and confusing experience, and it’s not uncommon for consumers in California to be subjected to non-stop calls, offensive language, and even personal threats by collectors. If you’ve ever wondered if some of these tactics are legal, you’re not alone. In fact, in 2014, California legislators decided that debt collection practices had gotten so abusive that they passed a law to protect consumers: the California Fair Debt Collection Practices Act (CFDCPA).
Californians have consumer rights when facing harassment from debt collectors. Understanding these rights is crucial to standing strong in the face of aggressive collectors.
Shield Yourself from Debt Collector Harassment:
The CFDCPA goes beyond the federal Fair Debt Collection Practices Act (FDCPA) to offer Californians even stronger safeguards against debt collectors who use abusive tactics. It applies to a wider range of debt collectors, including original creditors, debt buyers, and debt collection lawyers.
Here are just a few of the kinds of unfair methods debt collectors are prohibited from using, according to the CFDCPA:
- Harassment: Debt Collectors cannot call at inconvenient hours and they cannot threaten you with violence or false claims of legal action. And breathe easy– collectors are only allowed to call you once per day (whew!)
- Privacy Invasion: Your personal information cannot be shared with anyone beyond credit bureaus and your lawyer.
- Deception and Misrepresentation: Debt collectors must be truthful about their identity, the debt amount, and their intentions. Fabricated documents and misleading statements are illegal. And remember, they can only garnish your wages if they have already sued you and obtained a judgment in court.
- Unfair Practices: Repeatedly contacting third parties about your debt, contacting you at your workplace (though there are some exceptions to this), and using profane or abusive language are all forbidden. And remember the debt collector is not allowed to get in touch with you directly if you have chosen to be represented by a lawyer. All communication must be done through the lawyer.
Know Your Consumer Rights, Take Control:
Don’t let abusive debt collection practices make your debt relief plan more complicated and scarier! Empowering yourself with knowledge is key:
- Statute of Limitations: Most California credit card debts become uncollectible after four years. Check your debt’s age, as it might be beyond legal pursuit.
- Complaint Channels: If you feel that your consumer rights are violated in California, you have options. You may wish to file a complaint with the California Attorney General or the Federal Trade Commission or consider legal action.
- Professional Guidance: Consulting a lawyer or credit counselor can provide valuable expertise and support in navigating complex debt situations.
While the CFDCPA protects you from predatory practices, remember that ultimately, responsible debt management is essential.
Californians can potentially look to SmartSpending to help them explore repayment options with their creditors, seek financial counseling if needed, and prioritize long-term financial stability.
The content provided is intended for informational purposes only. Estimates or statements contained within may be based on prior results or from third parties. The views expressed in these materials are those of the author and may not reflect the view of SmartSpending. We make no guarantees that the information contained on this site will be accurate or applicable and results may vary depending on individual situations. Contact a financial and/or tax professional regarding your specific financial and tax situation. Please visit our terms of service for full terms governing the use this site.