
At AJG Law Group, PC, we represent consumers who are subjected to unlawful debt collection practices. When debt collectors use harassment, deception, or intimidation in their efforts to collect a debt, they may be violating the Fair Debt Collection Practices Act (FDCPA) β a federal law enacted specifically to protect consumers from abusive, unfair, and deceptive collection conduct. Californiaβs Rosenthal Fair Debt Collection Practices Act extends those same protections to cover original creditors as well.
Debt collection harassment causes real harm. It generates serious stress, disrupts daily life, and can affect your employment, relationships, and overall well-being. The law is clear: consumers have the right to be treated fairly, communicated with honestly, and free from pressure tactics that cross legal boundaries.
Debt collectors frequently overstep the limits imposed by federal and California law. These violations can occur through phone calls, written correspondence, emails, text messages, or communications directed at third parties. Common unlawful debt collection practices include:
These practices are not merely unfair β they may be actionable violations of federal and California law, and each instance of unlawful conduct may give rise to a separate legal claim.
The FDCPA places strict and enforceable limits on how debt collectors may interact with consumers. Among its core protections, the law:
Consumers are not required to provide personal, financial, or employment information to debt collectors. Once a written cease communication request is delivered, the collectorβs ability to contact you is significantly restricted under the FDCPA.
Californiaβs Rosenthal Fair Debt Collection Practices Act mirrors the federal FDCPA and extends its protections in an important respect: while the federal FDCPA applies only to third-party debt collectors, the Rosenthal Act also covers original creditors collecting their own debts. This means that a bank, medical provider, utility company, or other original creditor engaging in unlawful collection conduct in California may be held liable under state law in the same manner as a third-party collection agency.
Together, the FDCPA and the Rosenthal Act provide a comprehensive framework of consumer protections against unlawful debt collection in California. AJG Law Group, PC evaluates potential violations under both statutes to identify the full scope of available legal claims.
Within five days of first contacting you, a debt collector is required to provide written notice identifying the amount of the debt, the name of the creditor to whom the debt is owed, and a statement of your right to dispute the debt. This notice is known as a validation notice.
If you dispute the debt in writing within 30 days of receiving this notice, the collector must cease collection efforts until it provides written verification of the debt. Failure to send the required validation notice, failure to cease collection activity upon timely dispute, or continuing to collect on a debt that has been properly disputed without providing verification are each independent violations of the FDCPA.
When a debt collector violates the FDCPA or the Rosenthal Act, consumers have the right to pursue legal action. Available remedies include:
Actual Damages
Compensation for financial harm, emotional distress, and other losses caused by the unlawful collection conduct.
Statutory Damages
Up to $1,000 per lawsuit under the FDCPA, regardless of whether actual damages are proven, and additional amounts under the Rosenthal Act.
Attorney Fees and Costs
The FDCPA and Rosenthal Act require the defendant to pay your attorney fees and court costs when you prevail, meaning you pay nothing out of pocket to pursue your claim.
Injunctive Relief
A court order requiring the collector to cease all unlawful collection activity.
FDCPA claims are subject to a one-year statute of limitations from the date of the violation. Prompt legal review is important to preserve your rights and ensure that actionable violations are not time-barred.
AJG Law Group, PC evaluates debt collection conduct to determine whether your rights have been violated under the FDCPA, the Rosenthal Act, or both. Our firm represents consumers exclusively β we do not represent debt collectors, creditors, or financial institutions.
If you are being contacted by a debt collector and believe the conduct may be unlawful, document every communication β including dates, times, the collectorβs name, and what was said β and contact our firm for a free evaluation. The law provides meaningful remedies for consumers subjected to harassment, deception, and abuse in the collection process, and we are prepared to pursue every one of them on your behalf.
Tell us what happened and weβll evaluate your case.
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WHY AJG LAW GROUP
Attorney Advertising. Prior results do not guarantee a similar outcome. AJG Law Group, PC is a California law firm. This content is for informational purposes only and does not constitute legal advice.
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