A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes:
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Debt collection agencies are not bailiffs; They have no extra-legal authority. Debt collectors are either acting on behalf of your creditor or working for a company that has taken on the debt. They don't have any special legal powers and can't do anything different than the original creditor.
What debt collectors can doask for payment.offer to settle or make a payment plan.ask why you haven't met an agreed payment plan.review a payment plan after an agreed period.advise what will happen if you don't pay.repossess goods you owe money on, as long as they've been through the correct process.
Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
The law applies to consumer credit transactions only. The Rosenthal Act applies to debt collectors attempting to collect on debts that people incur by borrowing money, buying property, or obtaining services for personal, family, or household needs. (Cal. Civ. Code § 1788.2).
The California statute is called the Rosenthal Fair Debt Collection Practices Act. Creditors and debt collection agencies are permitted to take reasonable steps to enforce and collect payment of debts. That is because an efficient and productive economy requires a credit process.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Repeated calls. Threats of violence. Publishing information about you. Abusive or obscene language.
Specifically, while the FDCPA only applies to debt collection agencies who have purchased your debt from the original creditor, the Rosenthal act extends these rules to the original creditors and to their attorneys. California residents are also able to bring actions against violators under both the federal FDCPA and
Deceptive And Unfair Practices Calling you collect so that you have to pay to accept the call is an example of an unfair practice. Engaging in any practice that forces you to pay additional money other than the debt you owe is considered an FDCPA violation.
