The Rosenthal Fair Debt Collection Practices Act (RFDCPA) is the California Fair Debt Collection Practices Act adopted in 1977. It regulates the conduct of debt collectors in California. The RFDCPA prohibits illegal and abusive practices of debt collectors. California debt collector harassment is dealt with strictly under the RFDCPA.
The RFDCPA was established in California to stop California debt collector harassment. This Act differs from the federal FDCPA in some ways though the basic rules remain the same. As opposed to the FDCPA, the California statute applies to the collection of debts by both original creditors and debt collection agencies. The federal statute is limited to covering only the debt collection agencies. Since the original creditors being outside its scope, the RFDCPA stands broader than the FDCPA.
Both the statutes do not cover all types of debts and debt related activities. In general only consumer market place transactions are covered and not businesses or debts owed by legal entities like organizations and partnerships.
“California Civil Code 1788.2 (c) says the term "debt collector" means any person who, in the ordinary course of business, regularly, on behalf of himself or herself or others, engages in debt collection. The term includes any person who composes and sells, or offers to compose and sell, forms, letters, and other collection media used or intended to be used for debt collection, but does not include an attorney or counselor at law.”
Under the RFDCPA, it is imperative for a California debt collector to declare in the first communication the purpose of his communication and that any information obtained from debtor would be used only for that purpose. Debt collectors are required to identify correctly and must not misrepresent themselves other than what they represent. Debt collectors should not pretend to be a court or government employee or make any other false or deceptive representations or can be sued under the California debt collector harassment.
The RDFCPA demands a debt collection agency in its initial communication or within five days of its initial communication, to notify debtor in writing, the rights of debtor which include disputing of debt, obtaining verification of debt, and providing debtor of verification of debt at debtor's request.
Debtors have a right to ask debt collection agency to stop calling them and direct all future communication to their attorneys. Debt collectors should respect debtors' privacy and observe limits on time and place that they can contact the debtors. Debtors can state in clear terms the mode of communication and timings or place of communication. California debt collection harassment is not tolerated by the RFDCPA and debt collectors should not threaten physically or threaten to harm reputation or threaten to damage debtors' properties, to collect on a debt. Harassing or abusing a debtor to collect on a debt is unlawful per the RFDCPA and can be booked as California debt collector harassment.