California Fair Debt Collection Practices Act
Auto Beauty Business Culture Dieting DIY Events Fashion Finance Food Freelancing Gardening Health Hobbies Home Internet Jobs Law Local Media Men's Health Mobile Nutrition Parenting Pets Pregnancy Products Psychology Real Estate Relationships Science Seniors Sports Technology Travel Wellness Women's Health

California Fair Debt Collection Practices Act

There are laws put into place to protect consumers against consumer debt collectors. There is the federal law the Fair Debt Collection Practices Act, and each state has implemented its own fair debt collection laws. The state of California has released its own fair debt collection laws. In this report both the Fair Debt Collection Practices Act and the California Fair Debt Collection Practices Act will be discussed.

There are laws put into place to protect consumers against consumer debt collectors. There is the federal law the Fair Debt Collection Practices Act, and each state has implemented its own fair debt collection laws. The state of California has released its own fair debt collection laws. This is the California Fair Debt Collection Practices Act. In this report both the Fair Debt Collection Practices Act and the California Fair Debt Collection Practices Act will be discussed.

The federal Fair Debt Collection Practices Act states things a debt collection agency is permitted to do. These are as follows:

  • A debt collection agency is allowed to call consumers anytime between the hours of 8 A. M. and 9 P. M.
  • A debt collector is permitted to call you initially but within five days of the call must provide you with a letter stating the original creditors name and address along with the original amount owed and any interest that has accrued. The letter must also state you have thirty days from the date of the letter to dispute the debt.
  • If you have a lawyer the debt collector is allowed to contact your lawyer only
  • Debt collectors are permitted to contact third parties only to find you
  • Add additional interest. This is only permitted if it is part of the original contract. Whether, or not a debt collector can add additional interest and how much varies from state to state. In California additional interest is permitted to be charged if it is part of the original contract
  • Debt collectors are permitted to demand payment in full only if you have defaulted on the original agreement
  • If you write the collection agency and ask the collection agency to stop calling you. The collection agency must do so. The collection agency is permitted further communication to inform you it is taking legal action, or that it is terminating all communication with you. This law does not apply to original creditors

In the state of California there are laws forbidding debt collectors to do certain things. These are as follows:

  • A debt collection agency cannot contact you by phone before 8 A. M. or after 9 P. M.
  • A debt collection agency must not fail to state they are from a debt collection agency and identify themselves with the name of the debt collection agency, name of the original creditor, address of the debt collection agency, amount owed, and any interest owed
  • A debt collector cannot attempt to, or collect more than what is owed by the debtor
  • A debt collector may not use obscene, offensive, or abusive language to a debtor
  • A debt collector may not call constantly and purposely annoy you
  • Merely threaten to garnish your wages. If the debt collector intends on taking legal action or garnishing your wages then the debt collector is permitted to say so
  • A debt collector may not threaten to ruin your credit
  • A debt collector is not permitted to threaten to send the sheriff to your home to arrest you, or seize the property
  • They are not permitted to disclose anything about your case to a third party
  • They are not permitted to insult you to a third party
  • They are not permitted to use false documents that show they might be from a law enforcement agency or a government entity
  • If your employer does not permit collection calls at work and the debt collector is aware of this, the debt collector may not contact you at work
  • A collection agency may not contact you after you have advised the agency to stop contacting you in writing

Shopping tip: See today's most popular legal reference & education promo codes and save money at popular retailers and brands. Score discounts at your favorite legal reference & education stores with exclusive offers, site-wide discount codes, and single-use codes.
Consumer advisory: For those requesting information, please find details about our ongoing litigation against Mark Mazza, Patrick Williams, and PromoCodeWatch, LLC.
Need an answer?
Get insightful answers from community-recommended
experts
in General Law on Knoji.
Would you recommend this author as an expert in General Law?
You have 0 recommendations remaining to grant today.
Comments (1)

Wow. Some of the allowed/permitted laws in California would be illegal here in Canada...

ARTICLE DETAILS
RELATED ARTICLES
RELATED CATEGORIES
ARTICLE KEYWORDS