Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. San Jose California Notice to Debt Collector — Unlawful Repeated or Continuous Telephone Calls If you are a resident of San Jose, California, and have been experiencing unlawful repeated or continuous telephone calls from debt collectors, it is important to understand your rights and take action to protect yourself. Debt collectors are restricted by various laws and regulations, and it is crucial to be aware of them to ensure your peace of mind. The Fair Debt Collection Practices Act (FD CPA) is a federal law that prohibits debt collectors from employing harassing or abusive tactics when attempting to collect a debt. In addition to the FD CPA, California has its own set of laws known as the Rosenthal Fair Debt Collection Practices Act (RFD CPA), which provides further protection to consumers in the state. If you find yourself constantly receiving calls from debt collectors in San Jose, California, that you believe are unlawful, you can take the following steps: 1. Understand the law: Familiarize yourself with the FD CPA and RFD CPA to know your rights as a consumer. These laws outline the limits on when and how debt collectors can contact you. 2. Keep records: Maintain detailed records of all communication with debt collectors, including dates, times, and names of the individuals involved. This information will be crucial if you decide to take legal action. 3. Request written communication: Send a written notice to the debt collector requesting that all future communications be conducted through written means only. This is an effective way to minimize unwanted telephone calls. 4. Cease and desist letter: If the debt collector continues to harass you with unlawful repeated or continuous telephone calls, you can send a cease and desist letter. This formal notice will inform the collector that their contact is prohibited and that you may take legal action if they persist. 5. Seek legal advice: Consult with a consumer rights attorney who specializes in debt collection issues. They can assess your situation, provide guidance, and help determine if you have a legal case against the debt collector. In conclusion, if you are a resident of San Jose, California, who is experiencing unlawful repeated or continuous telephone calls from debt collectors, it is important to familiarize yourself with your rights under the FD CPA and RFD CPA. By keeping records, requesting written communication, sending a cease and desist letter, and seeking legal advice if necessary, you can take appropriate actions to protect yourself from harassing debt collection practices. Types of San Jose California Notice to Debt Collector — Unlawful Repeated or Continuous Telephone Calls: 1. Harassment: Debt collectors repeatedly calling and using abusive, obscene, or threatening language or tactics to coerce payment. 2. Excessive calling: Debt collectors making an unreasonable number of calls within a short period, causing inconvenience and disruption in your daily life. 3. Calls after request to stop: Debt collectors continuing to call after you have explicitly asked them to cease all communications. 4. Calling outside reasonable hours: Debt collectors calling you early in the morning or late at night, disregarding legally acceptable calling hours. 5. Continuous calls despite disputed debt: Debt collectors persistently calling about a debt that you have disputed, refusing to provide adequate verification or proof of the debt's validity. It is important to note that these are just a few examples of the types of unlawful repeated or continuous telephone calls from debt collectors that you may encounter in San Jose, California. It is crucial to consult with a consumer rights attorney to accurately assess your situation and determine the appropriate actions to take.
San Jose California Notice to Debt Collector — Unlawful Repeated or Continuous Telephone Calls If you are a resident of San Jose, California, and have been experiencing unlawful repeated or continuous telephone calls from debt collectors, it is important to understand your rights and take action to protect yourself. Debt collectors are restricted by various laws and regulations, and it is crucial to be aware of them to ensure your peace of mind. The Fair Debt Collection Practices Act (FD CPA) is a federal law that prohibits debt collectors from employing harassing or abusive tactics when attempting to collect a debt. In addition to the FD CPA, California has its own set of laws known as the Rosenthal Fair Debt Collection Practices Act (RFD CPA), which provides further protection to consumers in the state. If you find yourself constantly receiving calls from debt collectors in San Jose, California, that you believe are unlawful, you can take the following steps: 1. Understand the law: Familiarize yourself with the FD CPA and RFD CPA to know your rights as a consumer. These laws outline the limits on when and how debt collectors can contact you. 2. Keep records: Maintain detailed records of all communication with debt collectors, including dates, times, and names of the individuals involved. This information will be crucial if you decide to take legal action. 3. Request written communication: Send a written notice to the debt collector requesting that all future communications be conducted through written means only. This is an effective way to minimize unwanted telephone calls. 4. Cease and desist letter: If the debt collector continues to harass you with unlawful repeated or continuous telephone calls, you can send a cease and desist letter. This formal notice will inform the collector that their contact is prohibited and that you may take legal action if they persist. 5. Seek legal advice: Consult with a consumer rights attorney who specializes in debt collection issues. They can assess your situation, provide guidance, and help determine if you have a legal case against the debt collector. In conclusion, if you are a resident of San Jose, California, who is experiencing unlawful repeated or continuous telephone calls from debt collectors, it is important to familiarize yourself with your rights under the FD CPA and RFD CPA. By keeping records, requesting written communication, sending a cease and desist letter, and seeking legal advice if necessary, you can take appropriate actions to protect yourself from harassing debt collection practices. Types of San Jose California Notice to Debt Collector — Unlawful Repeated or Continuous Telephone Calls: 1. Harassment: Debt collectors repeatedly calling and using abusive, obscene, or threatening language or tactics to coerce payment. 2. Excessive calling: Debt collectors making an unreasonable number of calls within a short period, causing inconvenience and disruption in your daily life. 3. Calls after request to stop: Debt collectors continuing to call after you have explicitly asked them to cease all communications. 4. Calling outside reasonable hours: Debt collectors calling you early in the morning or late at night, disregarding legally acceptable calling hours. 5. Continuous calls despite disputed debt: Debt collectors persistently calling about a debt that you have disputed, refusing to provide adequate verification or proof of the debt's validity. It is important to note that these are just a few examples of the types of unlawful repeated or continuous telephone calls from debt collectors that you may encounter in San Jose, California. It is crucial to consult with a consumer rights attorney to accurately assess your situation and determine the appropriate actions to take.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
