subject: The Rosenthal Fair Debt Collection Practices Act Is Similar To The Fdcpa [print this page] The Fair Debt Collection Practices Act (FDCPA) is a federal statute constituted by the Federal Trade Commission (FTC) to protect and ensure fair debt collection practices. This Act provides consumers an avenue for disputing and obtaining validation of debt information in order to ensure the information accuracy. The Act creates guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the Act. This Act is sometimes used in conjunction with the Fair Credit reporting Act (FCRA).
While the FDCPA is a federal statute, the states have different laws along the lines of the FDCPA. There are not many differences in the federal and state Acts but each state has certain specific rules attached to their statutes. California has its laws which are commonly referred to as Rosenthal Fair debt Collection Practices Act (RFDCPA).
Per the FDCPA, a debt collector is a third party collector either employed by a creditor or by a debt collection agency which is collecting on the debt. The RFDCPA differs in this as the RFDCPA includes creditors as debt collectors. In the RFDCPA, collection of property is included. In addition to the federal notices that are required by the FDCPA, the RFDCPA requires more notices. The RFDCPA includes in its violations all of the acts that are violations of the FDCPA with a couple of minor exceptions.
California Civil Code 1788.2 (c) says the term "debt collector" means any person who, in the ordinary course of business, regularly, on behalf of himself or herself or others, engages in debt collection. The term includes any person who composes and sells, or offers to compose and sell, forms, letters, and other collection media used or intended to be used for debt collection, but does not include an attorney or counselor at law.
So, if you start getting collection letters from anyone, including the creditor, and you live in California, you should check with an attorney to see if there are any FDCPA or RFDCPA violations.
Krohn & Moss, Ltd. has qualified RFDCPA attorneys who have helped thousands of customers in dealing with debt collection harassment cases.
by: johnkenvin
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