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.

In: Consumer Rights

November 7, 2012

March 28, 2025

This is attorney advertising. These posts are written on behalf of Law Offices of Todd M. Friedman, P.C. and are intended solely as informational content. These blogs in no way provide specific or actionable legal advice, nor does your use of or engagement with this site establish any attorney-client relationship. Please read the disclaimer.

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