HARASSED BY A DEBT COLLECTOR — Here’s What You Need to Know Before You Sue
Dealing with relentless calls or threats from a debt collector?
Learn your rights under the FDCPA and how R23 Law’s California Consumer Protection Attorneys can fight back for you.
When a debt collector crosses the line from communication to harassment, it’s more than just annoying—it’s illegal. California residents are protected under federal and state laws when it comes to abusive or deceptive debt collection practices.
If you're wondering whether you need to dispute a debt before you can take legal action, or whether your collector's behavior qualifies as a violation, R23 Law’s California Consumer Protection Attorneys are here to clear the confusion and protect your rights.
What Is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits what third-party debt collectors can do when pursuing payment. This includes rules on how and when collectors can contact you, what they can say, and how they must identify themselves.
If a collector oversteps, you may be entitled to damages—and you don’t have to face them alone.
California residents get an extra layer of protection through the Rosenthal Fair Debt Collection Practices Act, which also restricts original creditors, not just third-party collectors.
Common Violations Under the FDCPA
Some of the most common violations of the FDCPA include:
Repeated or harassing phone calls
Calling you before 8 a.m. or after 9 p.m.
Contacting third parties about your debt
Publishing your name as a debtor
Threatening to collect on a debt discharged in bankruptcy
Failing to disclose they are a debt collector
Misrepresenting the debt amount or status
Even if a collector thinks they’re staying within the rules, courts often find otherwise when the facts are exposed.
Do I Need to Dispute a Debt Before Filing an FDCPA Claim?
No, you are not legally required to dispute the debt before filing an FDCPA lawsuit.
While some debt collectors argue that a consumer forfeits their rights by not disputing the debt within 30 days, courts have consistently ruled that you can still file a claim even without submitting a formal dispute letter first.
That said, disputing the debt in writing can help build a stronger case and create a paper trail. But it’s not a barrier to holding collectors accountable under the law.
Your Rights as a California Consumer
If you’ve been contacted—or harassed—by a debt collector in California, don’t ignore it. Document the interactions, save voicemails or texts, and write down dates and times. Then talk to an attorney.
R23 Law’s California Consumer Protection Attorneys can help you:
Determine whether your rights were violated
Stop illegal collection efforts
File a claim for damages
Recover compensation for emotional distress or harm to your credit
Don’t Let Harassment Slide. Take Action with R23 Law.
You don’t have to tolerate abuse from a debt collector. Whether it’s constant calls, threats, or misinformation, you have the power to fight back—and we’ll stand by your side.
🖋️ Contact R23 Law today for a free consultation.
Our experienced FDCPA attorneys in California are ready to protect your rights and restore your peace of mind.
