California Rosenthal Act
California Rosenthal, or the California 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.
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. 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.
Rosenthal Act derives its power to sue all creditors from Civ. Code S 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 $2,000 statutory damages to YOU as the client, and at no cost to you because our attorney’s fees are paid by the defense.
It is important to note that the statute of limitations to bring a claim under the FDCPA as well as the Rosenthal Act is one year.
The attorneys and legal staff at Semnar & Hartman, LLP utilize joint resources to provide our clients with an abundant amount of experience in reviewing and ultimately prosecuting cases against both the original creditors and third-party debt collection agencies. We offer all potential clients with a free confidential case review.