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The Basic of the Rosenthal Fair Debt Collection Practices Act

Contrary to popular belief, the Rosenthal Fair Debt Collections Practices Act (RFDCPA) is actually is complex California Act that helps to assist debtors in protecting debtors' rights against unscrupulous and harassing debt collectors. The RFDCPA, unlike its Federal counter part the Fair Debt Collection Practices Act (FDCPA), protects consumers from harassment from BOTH third party debt collectors and original creditors.

The act along with the array of stare decisis that surrounds it has many nuances. However, as a basic guide (and only as a basic guide) below are some of the most common violations committed against debtors - the best to evaluate is to answer the following questions:

  1. Have you been contacted (in writing or by phone) by a debt collector in attempt by them to collect a debt? if YES, then go to 2;

  2. Is the alleged debt being collected upon a consumer debt (a debt that was not a business debt and for your personal use only)? If YES, go to 3;

  3. Did the debt collector/s do any of the following:

a. Contact you after you requested them to cease and desist in writing? OR;

b. Call you multiple times in a short space of time; OR

c. Contact any 3rd parties and reveal information about your debt to them (not including your spouse if you have one)? OR;

d. Contact your place of employment more than once? OR

e. Shout at you and/or verbally abuse you and/or use profanity? OR;

f. Threaten you? OR;

g. Threaten to take legal action that they they had no legal right to take? OR

h. Threaten to take legal action that they did not take or have intent of taking?

If the answer/s to any of a-h is YES, then you very well may have a case under the RFDCPA. At this point, contact an attorney with knowledge of this area of law and they will access whether you have a case and advise you accordingly.

As stated already, the above is only a basic list of some of the most common violations. There are of course exceptions to the rule and nuances to each of the above violations. This is only meant to be a guide and in no way should it be taken as legal advice (as every case is different).

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