Maybe you slipped up and missed a payment on a credit card or an ancient medical bill was sent to collections. Or perhaps an incorrect or fraudulent charge showed up on your credit report and now, debt collectors are calling you. And calling and calling. Sending endless letters flooding your mailbox, and even threatening to contact you at work.

It feels like you’re completely at their mercy, and there’s nothing you can do to remedy the situation and get your sanity back save for pay off the ridiculously expensive charge or just turn off your phone and move out of state.

Thankfully, the Rosenthal Fair Debt Collection Practices Act (RFDCPA) is a law in California that holds creditors and credit bureaus accountable.

Under the RFDCPA, you can sue those entities and bad actors who are violating your rights when trying to collect debts. Most people don’t realize that’s even possible, but it’s absolutely within your rights to file proper complaints and seek damages through a civil court action if debt collectors don’t play by the rules.

If successful, you can recover up to $1,000.00 in damages. Even better, in some cases, you can have the derogatory accounts deleted from your credit report and record, with the balances waived!

You see, although those debt collectors and collection companies don’t want to admit it (and certainly won’t tell you), you have rights as a consumer when it comes to debt, reporting, and how they can contact you. Those rights include not only Federal protections but a whole lot of rights as a consumer here in California. A lot of those rights are granted by the Rosenthal Fair Debt Collection Practices Act, which include: (Per the

  • Debt collectors cannot threaten criminal charges for not paying a debt
  • They cannot threaten to destroy your reputation or cause you physical harm
  • Collectors cannot defame you to others
  • They cannot threaten to garnish your wages, seize your property or assets, or take similar actions unless they have obtained a judgment from the court via a collection lawsuit
  • Debt collection representatives cannot use profanity or obscenities
  • They must identify themselves as debt collectors in all communications
  • They cannot engage in harassing behaviors
  • They may not reveal information about your debts to your family (with the exception of your spouse)
  • Collectors cannot publish your name in a public list for not paying your debts
  • They cannot falsely claim to be lawyers, government officials, credit reporting representatives, or otherwise trick you into paying a debt
  • Collectors cannot contact you directly if you have a lawyer representing you
  • Debt collection agencies must properly file lawsuits according to the Rules of Civil Procedure
  • They cannot continue to collect a debt after the statute of limitations has expired, which is generally four years in California for written creditor agreements

Blue Water Credit has arranged a relationship with a nationally recognized Consumer Protection Law Firm here in California where any clients we refer to them receive immediate response and preferential treatment.

For more information or to see if if your rights have been violated and eligible for a potential settlement, feel free to contact Blue Water Credit. We’ll be happy to look at your situation and introduce you to the law firm if appropriate.

It’s part of Blue Water Credit’s commitment to not only boosting your credit but improving your life!