How do I use California's Rosenthal Fair Debt Collection Practices Act to legally stop a debt collector from calling me at work?
To legally stop a debt collector from calling you at work under California law, you must directly inform them that your employer prohibits such calls. The most effective way to do this is with a written notice sent via certified mail.
Here are the steps to follow:
Step 1: Inform the Collector Verbally
The next time the debt collector calls you at your workplace, state clearly and calmly: "My employer prohibits personal calls at work. You are legally required to stop calling me at this number." Note the date, time, and the name of the representative you spoke with. This verbal notice puts them on alert.
Step 2: Write a Formal "Cease Communication at Work" Letter
Draft a simple, clear letter to the debt collector. Include your full name, address, and the account number associated with the debt. State: "Pursuant to the California Rosenthal Fair Debt Collection Practices Act, Civil Code Section 1788.12(b), I am informing you that my employer prohibits me from receiving your calls at my place of employment. You must cease all communications with me at my work phone number immediately."
Step 3: Send the Letter via Certified Mail
Take your letter to a U.S. Post Office and send it using Certified Mail with a Return Receipt requested. This costs a few extra dollars but provides you with a mailing receipt and a signed card back from the collector, which serves as legal proof that they received your demand. Keep copies of your letter and both receipts.
Step 4: Document Any Further Contact
If the collector calls your workplace again after a reasonable time for them to have received your letter (about 7-10 days), log it. Write down the date, time, caller's name, and what was said. This log is critical evidence of a legal violation.
Important Details and Nuances
This notice only stops calls to your place of employment. The debt collector may still legally contact you via your personal phone or mail unless you send a separate letter demanding they cease all communication entirely. The Rosenthal Act applies to third-party debt collectors and, in many cases, to original creditors collecting their own debts.
Warnings and Limitations
Stopping calls does not erase the debt or prevent the collector from taking other legal actions, such as filing a lawsuit against you. If a debt collector continues to call you at work after receiving your written notice, they have violated the law. You may be entitled to sue them for statutory damages, actual damages, and attorney's fees.
This is general information and does not constitute legal advice. For complex situations, or if a debt collector violates the law after you have sent a notice, you should consult with a qualified California attorney to protect your rights.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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