Federal Debt Collection Procedures Act

California’s Rosenthal Act strengthens the consumer protection provided by the federal Fair Debt Collections Practices Act. Enacted in 1977, the Rosenthal Act places restrictions on the collection methods of both secondary debt collectors and the original owner of a consumer’s debt. Also known as the Fair Debt Collection Practices Act, the law details what collections methods are considered to be harassing toward California consumers and the procedures a debt collector must follow when first contacting a debtor. The law not only regulates debt collection agencies, but also describes how an agency is allowed to operate in California.

Collection Agencies

Typically, the original owner of an outstanding debt will sell that debt at a discounted rate to a collection agency. California law does not require the debt collector to inform the consumer about the sale of an outstanding debt. The one exception to this rule is with regard to a health club debt. Health clubs must first inform customers that an outstanding debt is being sold. When a collection agency first contacts a debtor, it is legally required to inform the debtor about the purpose of the phone call. It cannot initiate a phone call prior to 8 a.m. or after 9 p.m. After contacting debtors by telephone, the agency must also mail the debtor a letter with additional information about the debt and details on how to dispute it.