Stopping Debt Collector Harassment in California: Know Your Rights

While a phone call from a debt collector can be intimidating and stressful, the state of California provides consumers with a comprehensive set of rights to ensure that the debt collection process is fair and reasonable. A consumer should know her rights in order to take advantage of the protection of the law. Before we delve deeper into California’s debt collection laws, the reader should be aware that federal law also prohibits harassment by debt collectors. The federal Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive practices by covered third-party collectors and certain debt buyers; it generally does not apply to original creditors collecting debts in their own names. California’s Rosenthal Fair Debt Collection Practices Act provides broader protections, including against many original creditors that regularly collect covered debts.

For purposes of this article, we’ll use the term “debt collector,” but specific requirements can differ depending on whether the collector is an original creditor, a debt buyer, or a third-party collection agency.

Rosenthal Fair Debt Collection Practices Act

California’s Rosenthal Fair Debt Collection Practices Act prohibits unfair or deceptive collection practices involving consumer debts and certain qualifying small-business debts. The expanded commercial-debt protections apply to covered debts entered into, renewed, sold, or assigned on or after July 1, 2025 (Cal. Civ. Code §§ 1788.1–1788.2). In plain language, the Rosenthal Act is intended to protect people from abusive or deceptive collection tactics. The Act specifically prohibits some of the most common debt collector tactics, such as: use of obscene language and constant, harassing phone calls, improper disclosure of the consumer’s debt information to third parties, false representations (lies) to the consumer, and threats to the consumer. It also affirms the consumer’s right to service of process and an appropriate venue for judicial proceedings.

Telephone Communication

Debt collectors love the phone. In fact, collection calls are one of the biggest reasons our clients list for coming in to see us. They simply want to make the phone stop ringing. Although it may seem like you’re being buried under an avalanche of phone calls that will never stop, there are limits to when and how a debt collector can call you at home. A calling debt collector must disclose the caller’s identity and, if applicable, provide its California debt-collector license number upon request. A collector also cannot misrepresent the purpose of a communication to make you incur long-distance charges or similar expenses. Collectors cannot call repeatedly with the intent to annoy, abuse, or harass. For collectors covered by the federal Debt Collection Rule, more than seven calls about a particular debt within seven consecutive days, or another call within seven days after a telephone conversation about that debt, creates a rebuttable presumption of a violation, subject to exceptions; fewer calls can still be harassing. Covered collectors generally cannot call before 8 a.m. or after 9 p.m. local time, or when they know or should know the time is inconvenient. A written request to stop communications generally restricts further contact, subject to limited exceptions. Calls to a consumer’s workplace are restricted when the collector knows or has reason to know personal calls are prohibited there; contacting family members or other third parties about a debt is also subject to strict limits. In any communication, the debt collector is expressly prohibited from using obscene or abusive language.

Communication with Third Parties

The Rosenthal Act recognizes the importance of the consumer’s privacy and the sensitive nature of consumer debt. Debt collectors generally cannot disclose a consumer’s debt to unrelated third parties. Limited exceptions can permit communications to obtain location information, contact a spouse or attorney, report to a credit reporting agency, or disclose information to a person with a legitimate business need, as permitted by law. In California, limited employer contacts may be allowed to verify employment, locate the consumer, carry out lawful wage garnishment after judgment, or—for medical debts—find out whether the consumer has medical insurance. Written consent from the consumer or an attorney may also permit contact. California generally requires permitted employer contacts to be in writing, with narrow exceptions. Written communications cannot expose information about a debt in a way intended to embarrass the consumer. Under federal law, an envelope generally may not display debt-collection markings, although a business name can be used if it does not reveal that the sender is in the debt-collection business. Debt collectors may not advertise debt for sale by naming the debtor.

False Representations

The Rosenthal Act contemplates potential misrepresentations by debt collectors in order to intimidate or mislead the consumer. For example, California law prevents debt collectors from lying or misleading a consumer into believing they are an attorney if they are not licensed to practice law. Similarly, a collector cannot falsely claim to be a government official or consumer reporting agency, or misrepresent its identity, authority, or the amount or legal status of a debt.

Threats to the Consumer

Debt collectors may not use unlawful, false, or misleading threats when trying to collect a debt. This includes the threat of physical force, criminal action, or falsely accusing the consumer of a crime. Similarly, debt collectors can’t lie about the implications of selling a debt or use the possibility of a debt sale as a threat to try to collect. A collector cannot threaten arrest over an ordinary unpaid consumer debt or threaten garnishment or seizure unless the action is actually contemplated and legally permitted. A debt collector may, however, truthfully discuss legal options that are actually available, such as filing a lawsuit and, after the required legal proceedings, seeking lawful wage garnishment or attachment of nonexempt property.

The Bottom Line

The bottom line is that California law prevents debt collectors from harassing you while trying to collect a debt. If you’re the victim of excessive phone calls, threats or lies, it will be important to keep good records. If you want a collector to stop contacting you, send a clear written request and keep a copy. A stop-contact request does not erase the debt or necessarily prevent a lawsuit. Make notes of the time the collection calls come in. If you dispute the debt in writing within 30 days after receiving a validation notice from a covered debt collector, the collector generally must pause collection until it provides verification. Build a file to share with your attorney so you are prepared if you need legal assistance.

Bankruptcy

Filing for bankruptcy generally triggers an automatic stay that pauses many efforts to collect debts that arose before the filing, but exceptions and special rules for some repeat filers apply. The stay ordinarily takes effect when the bankruptcy petition is filed, without a separate court order. Depending on the circumstances, the stay can pause collection calls, foreclosure proceedings, lawsuits, and wage garnishments involving pre-bankruptcy debts; certain matters, including some criminal proceedings and domestic support obligations, are excepted. If a creditor willfully violates an applicable automatic stay, an injured individual may recover actual damages, including costs and attorney’s fees, and in appropriate circumstances punitive damages; relief depends on the facts and the law.