What happens if a debt collector violates my rights?
If a debt collector violates your rights, you have options to protect yourself. In California, the Collection Defense Law (CDL) provides you with certain protections against debt collectors. The CDL prohibits debt collectors from engaging in unfair, deceptive, or abusive collection practices. Violations of the CDL include a debt collector calling at inconvenient times, making harassing phone calls, using profane or offensive language, using false or deceptive threats, or continuing to pursue debt collection beyond the statute of limitations. If you believe that a debt collector has violated your rights under California’s Collection Defense Law, you can file a complaint with the California Department of Business Oversight (DBO). The DBO can investigate the complaint and take appropriate action to protect you from further harm. The DBO also has the authority to assess a civil penalty of up to $2,500 for each violation of the CDL. The DBO may sue the debt collector for damages if the debt collector has engaged in certain unfair collection practices. If the DBO does not prevail in the lawsuit against the debt collector, then you may be able to file a lawsuit against the debt collector in your own name for any damages you suffered. The CDL also requires debt collectors to send you a “notice of rights” after they initiate contact about a debt. If you believe your rights were violated, you can contact the DBO and seek advice on how to proceed.
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