Debt Collectors
Civ. Code 1788.11 — no threats, no obscenity, no calls meant to harass
California's Rosenthal Fair Debt Collection Practices Act reaches anyone who, in the ordinary course of business, regularly collects covered debts, whether on its own behalf or for others. That includes a creditor collecting its own debts, not only a collection agency.
- No use or threat of physical force or violence, or any criminal means, to harm a person, reputation or property.
- No false threat that not paying will lead to an accusation of a crime.
- No threat of arrest, or of seizing property or garnishing wages, unless that action is actually contemplated and permitted by law.
- No obscene or profane language.
- No calls without disclosing the caller's identity, and no causing a telephone to ring repeatedly or continuously to annoy.
- No calls or visits so frequent as to be unreasonable and harassing.
A collector of consumer debts must also follow the federal Fair Debt Collection Practices Act's conduct rules and is subject to its remedies.
A willful and knowing violation adds a penalty of $100 to $1,000, and the suit is brought within one year. A debt collector who violates the act is liable for the debtor's actual damages, and one who does so willfully and knowingly is also liable for a penalty the court sets at not less than $100 and not more than $1,000. A prevailing debtor is awarded reasonable attorney's fees. The suit is brought individually, within one year of the violation.
A licensed collector gives its California license number on request and shows it on written and digital communications.
Sources for this section (5)
- Civ. Code 1788.10 — Threats and violence in collecting a debt
- Civ. Code 1788.11 — Obscene language, harassing calls, and concealing identity
- Civ. Code 1788.30 — Liability of a debt collector who violates the act
- Civ. Code 1788.2 — Definitions for the Rosenthal Fair Debt Collection Practices Act
- Civ. Code 1788.17 — Debt collectors held to the federal collection practices standards
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.