Are You a "Debt Collector" Under California's FDCPA?
Read together, California’s Rosenthal Fair Debt Collection Practices Act (Civ. Code § 1788 et seq.) and the federal Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) would appear to have only a few differences. But those few differences matter. Unlike the federal Fair Debt Collection Practices Act, for example, which defines "debt collector" to exclude an employee of the creditor collecting debts owed to the creditor, California’s Rosenthal Act defines “debt collector” more broadly as one who collects debts “on behalf of himself or herself or others.” (Cf. 15 U.S.C. § 1692a and Civ. Code § 1788.2.) This is a significant difference: a credit card company whose employee's collection activities may be exempt from the federal FDCPA could be held liable under California’s Rosenthal FDCPA for the same actions.
