What are debt collector's prohibited practices?
In California, the California Debt Collection Practices Act (CDCA) prohibits debt collectors from engaging in unfair practices when collecting debts. Under the CDCA, debt collectors are prohibited from threatening violence or harm against the debtor, threatening to take legal action they are not legally entitled to take, publishing the debtor’s name on a “deadbeat list”, using profane or obscene language, calling the debtor at inconvenient times or places, or using any unfair or unconscionable debt collection methods. Additionally, the CDCA prohibits debt collectors from making false statements to the debtor when attempting to collect a debt. This includes falsely claiming that they are attorneys or government representatives, that they will take action they are not legally entitled to take (such as arresting the debtor), that the debtor has committed a crime, or that non-payment will result in a loss of property or wages. Debt collectors are further prohibited from engaging in deceptive practices. This includes any false or misleading representation about the amount owed by the debtor, claiming that the debt collector is employed by a consumer credit reporting agency, or attempting to collect an amount greater than the amount actually owed. Overall, debt collectors in California are not permitted to use any unfair, unreasonable, or deceptive practices. If a debt collector does engage in any of the prohibited practices, then the debtor may be able to sue the debt collector for damages.
Related FAQs
How does an unsecured creditor collect funds?What is a creditor’s bill of rights?
How can debtors protect themselves from debt collectors?
What is the Fair Credit Reporting Act?
What is the automatic stay in a bankruptcy case?
What are the different types of bankruptcy?
What are the rules for debt collection in different states?
How is a bankruptcy discharge determined?
What is a debt collection agency?
What is a debt collection agency?
Related Blog Posts
What Is Debtor and Creditor Law and What Does it Entail? - July 31, 2023Debtor and Creditor Rights: A Guide to Your Legal Protections - August 7, 2023
Debtor and Creditor Obligations: Understanding Your Roles - August 14, 2023
What Are the Common Types of Creditor Claims? - August 21, 2023
When Can Creditors Legally Take Possession of Your Property? - August 28, 2023