If the creditor has hired a collection agency and the collection agency (not the creditor) is sending you excessive text messages, that is a violation of the Fair Debt Collection Practices Act, (FDCPA). If the text messages are from the creditor (not a hired collection agency), the federal FDCPA does not apply. However, you may still be able to get protection from the California Rosenthal Act. “Unreasonable” and “Excessive” are not defined in the law. If you sue, it will be up to the jury to make that determination. You should send a certified letter to the creditor, telling them not to contact you. If the texts messages continue, you have a case for violation of the FDCPA, and you can collect monetary compensation as well as attorney fees.
If you have been getting excessive calls or test messages from a creditor please call my office, The Law Offices of Todd M. Friedman at (877) 449-8898 for a free consultation.
