Legal rights under the Rosenthal Fair Debt Collection Practices Act

Under the Rosenthal Fair Debt Collection Practices Act (RFDCPA), you have legal rights to protect from debt collectors. The RFDCPA was established to protect the consumers’ rights against unlawful debt collections by debt collectors in California. While the RFDCPA is similar to the federal FDCPA it differs in some aspects. Let us understand how you should respond per the RFDCPA to debt collectors’ calls. The following points should be taken into consideration while responding to debt collectors: * Responding to Debt Collection Agencyrn * Harassmentrn * Call Restrictionsrn * Notificationrn * Partial Paymentsrn * Missing Paymentsrn * Postdated Checksrn * Bill Was Paidrn * Credit Reportingrn * Interest Chargesrn * Legal Actions Responding to debt collectors’ calls as soon as possible is important otherwise the agency would keep calling for what they believe as a valid debt. California state law prohibits debt collectors using obscene or profane language while attempting to collect a debt. Debt collectors may call only between 8 a.m and 9 p.m. There is no law that limits the number of calls by debt collectors. However, repeated calls over a short period that are annoying are prohibited. You may send a certified mail to debt collectors asking them to stop calls and contact you only through mail. Debt collectors must use only envelopes to send you any information. The original creditor is not required to notify you of sending your account to a collection agency. However, collection agencies should provide the amount you owe, the name of the original creditor and your rights regarding the dispute of the debt, within five days of its contacting you. A collection agency can contact you at work through written communication to your employer but if there is no response within 15 days, it may contact your place of work by other means. But if you do not want to be contacted or your employer prohibits you from receiving such communication an agency must be informed and it should stop all such contact immediately. You may request to pay partial payments if you cannot make a full payment. Such requests should be made in writing and a copy should be retained for records. Be cautious while making this agreement in order to avoid the calls. Commit only the amount you are able to pay and send payments to the collection agency directly. It is always wise to contact the collection agency if you are planning to miss a payment or paying only a partial amount to explain the delay. A collection agency can request for post dated checks but not by threatening or harassing or any other illegal method. If the debt is already paid or you do not own it, you should send the agency a written notice along with copies of receipts. You should send such a letter within 30 days after your first contact with the collection agency. The agency must immediately stop all efforts until it sends you ample proof to prove your debt. If a bill has come to you wrongly, you should notify the agency of the mistake. Some debt collection agencies pass the information regarding your debts to credit reporting agencies (CRAs). However, an agency cannot threaten you on this pretext unless it really intends sending your report. An agency can levy interest on your bill but you are entitles to an explanation from the agency as to how they are charging and why. You should ask them by letter to explain to you in writing. A collection agency can sue you in superior courts but not in small claims courts.