Rosenthal, or the Rosenthal Act, is California’s state FDCPA statute (“RFDCPA”). It pretty much has the same rules except that not only does this apply to debt collectors, but it applies to creditors themselves.
History
Like the Federal FDCPA, the Rosenthal Act was passed in 1977. The Rosenthal Act is very similar to the Federal FDCPA in that it creates several requirements that debt collectors MUST comply with in their debt collection efforts (see FDCPA page for more details). The difference is that Rosenthal applies to the original creditor and third-party debt collectors, whereas Federal FDCPA only applies to a third-party debt collection agency that takes over collection of the debt.
What is it?
Rosenthal derives its power to sue all creditors from Civ. Code § 1788.2(c) which states that a “debt collector” includes anyone “who, in the ordinary course of business, regularly, on behalf of himself or herself or others, engages in debt collection.”
You can file FDCPA and Rosenthal claims together in Federal or State court. You can sue for FDCPA, Rosenthal, and any violations of FDCPA through Rosenthal. That is a potential award of $3,000 statutory damages to YOU as the client, and at no cost to you because our attorney’s fees and costs of litigation are guaranteed to be paid by the defense.
Please remember that the statute of limitations to being this claim is one year, so you will have to act soon to make your claim.
Contact us
We are very experienced in reviewing whether a violation exists and in pursuing lawsuits against both original creditors and third-party debt collection agencies. Contact us today to discuss your options in MAKING THEM PAY and making the harassing collection efforts STOP!
