Did the debt collector violate FDCPA and Rosenthal act?

I have obtained a judgment on a personal injury claim, I assigned a debt collector to collect the judgment, the debt collector stated in his initial letter to the defendant the following: “This is an attempt to collect a debt by a debt collector, and any information obtained will be used for that purpose”. But he didn’t include in writing that the debtor (defendant) has the right to dispute the validity of the debt within 30 days “mini Miranda” or Rosenthal notice, which I believe should be included with the first written notice initially addressed to a California address of a debtor in connection with collecting the debt As a result the defendant notified the debt collector that his office has violated the FDCPA and Rosenthal Act, and he informed him that he shall file a civil lawsuit against the collection agency. Did the debt collector violate the law?

Los Angeles, CA -

Attorney Answers (2)

Michael Stephen Agruss

Michael Stephen Agruss

Debt Collection Attorney - Chicago, IL
Answered

The main issue here is whether or not a judgment on a personal injury claim is a debt under the Fair Debt Collection Practices Act. The FDCPA covers personal, family, and household debts. For example, money you owe on a personal credit card, an auto loan, a medical bill, or a utility bill. The FDCPA does not cover debts you incurred to run a business, or debts regarding unpaid taxes, or traffic tickets. The term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction primarily for personal, family, or household purposes. A judgment is also considered debt under the FDCPA. However, tort subrogation claims are not considered debts under the FDCPA. Therefore, judgments arising from personal injury claims also would not be considered debts under the FDCPA. But, the collection letter many have triggered the FDCPA by stating, “This is an attempt to collect a debt by a debt collector, and any information obtained will be used for that purpose.”

Please let me know if you have any further questions. www.agrusslawfirm.com

Information on Avvo should not be construed as legal advice, as each case is different. For information about... more
Mark as helpful
Richard Scott Lysle

Richard Scott Lysle

Debt Collection Attorney - Los Angeles, CA
Answered

Question: Is it a "consumer debt". Probably subject to FDCPA but probably not subject to Rosenthal. This should be the worry of the collection agency, not you.

Mark as helpful

Related Advice

Questions? An attorney can help.

Ask your questions on our Q&A forum. It's free and anonymous.

Ask a Lawyer

Need to find an attorney? Browse our lawyer directory.

Find a Lawyer