Although the Fair Debt Collection Practices Act (FDCPA) applies to every state, not all states provide its residents additional protection from collectors like California. People living in California have an additional layer of consumer protection known as the California Rosenthal Fair Debt Collection Practices Act. Meaning, Californians are protected under two laws, both the federal law (FDCPA) and the Rosenthal Fair Debt Collection Act. The most important difference between the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Act is that the Rosenthal Act provides consumers protection from first party creditors.
Unlike the Fair Debt Collection Practices Act (FDCPA), the Rosenthal Fair Debt Collection Act protects consumers from harassment from BOTH third-party debt collectors and original creditors.
Example below:
The FDCPA protects you against the collection agency collecting for the original debtor (a bank, credit card, etc), but does not protect you against original debtor
California Rosenthal Fair Debt Collection Act protects you against both the original debtor (a bank, credit card, etc) and the collection agency.
If you are being harassed by rogue debt collectors please contact my office, The Law Office of Todd M. Friedman at (877) 449-8898 for a free consultation to see if you might have a case.
