DIALING FOR DOLLARS OR BREAKING THE LAW — FDCPA Protections for Californians
When a debt collector calls, it’s rarely just about money—it’s about your rights.
For many Californians, these calls can quickly cross the line from inconvenient to abusive. That’s where the Fair Debt Collection Practices Act (FDCPA) steps in, offering critical protections against harassment and deceptive practices by third-party collectors.
But one question often comes up: Do you have to dispute the debt before filing an FDCPA claim? The answer might surprise you.
Understanding the FDCPA and California’s Rosenthal Act
The FDCPA is a federal law that strictly regulates how debt collectors can interact with consumers. It prohibits harassment, false statements, and unfair practices. In California, these protections are even stronger thanks to the Rosenthal Fair Debt Collection Practices Act, which extends many of the FDCPA’s provisions to original creditors as well as third-party collectors.
Common FDCPA violations include:
Repeated calls in a short timeframe
Contacting you outside of permissible hours (typically 8 a.m. – 9 p.m.)
Sharing your debt information with anyone other than you or your attorney
Misrepresenting the amount or legal status of your debt
Attempting to collect a debt discharged in bankruptcy
Failing to disclose that they are a debt collector
If any of these sound familiar, you may have a valid FDCPA claim.
Do You Need to Dispute the Debt First?
Many consumers believe they must first dispute the debt before filing a lawsuit under the FDCPA. However, the law does not require it. Courts have consistently held that you can bring a claim against a collector who violates the FDCPA without first sending a debt validation dispute letter.
That said, disputing a debt within the 30-day window after the initial notice can strengthen your position. If you don’t dispute it, collectors may argue you acknowledged the debt. But lack of dispute does not erase their legal obligation to comply with the FDCPA and California’s Rosenthal Act.
Why Working with R23 Law’s California Consumer Protection Attorneys Matters
Navigating debt collection harassment isn’t just about stopping the calls—it’s about protecting your credit, your peace of mind, and your financial future. R23 Law’s California Consumer Protection Attorneys know the tactics collectors use and how to hold them accountable under both state and federal law.
Our team can:
Investigate whether your rights were violated under the FDCPA and Rosenthal Act
File claims seeking statutory damages, actual damages, and attorney’s fees
Stop illegal collection practices in their tracks
Advise you on whether disputing the debt is strategically beneficial for your case
Take Back Control Today
If you’ve been harassed by a debt collector in California, you have powerful legal tools on your side. You do not have to accept abusive collection tactics.
Contact us today to speak with our R23 Law California Consumer Protection Attorneys. We offer free consultations and multilingual support to ensure every consumer’s rights are defended.
