The Rosenthal Fair Debt Collection Practices Act (RFDCPA): Key Differences from the FDCPA

What is the Rosenthal Fair Debt Collection Practices Act?

California legislators recently passed Senate Bill 1286, a new law that broadens the scope of the Rosenthal Fair Debt Collection Practices Act (RFDCPA). It went into effect on July 1, 2025, changing the legal landscape for commercial lenders in California.

San Diego lawyers say the previous RFDCPA prohibited collectors from engaging in deceptive or unfair acts or practices when collecting consumer debts. The recently enacted version of the Act broadens the scope of the collection practices by prohibiting certain behaviors.

It is crucial for commercial lenders to familiarize themselves with the Act’s many requirements. Violating the Act constitutes an offense that can subject debt collectors to suit for actual, statutory, and legal damages.

Provisions of the Rosenthal Fair Debt Collection Practices Act

The RFDCPA has provisions against certain behaviors when collecting or attempting to recover commercial debt. They include the following:

• Threatening to take action that has no colorable basis for being authorized or allowed by existing laws, for example, criminally arresting a debtor, garnishing assets when it’s not appropriate, or using physical force and other means to cause harm to the debtor.
• Employing harassing behaviors, such as using obscene language, calling the debtor without disclosing the caller’s identity, calling repeatedly to annoy the debtor, or communicating with the debtor at unreasonably frequent intervals.
• Displaying or communicating the debtor’s information about the debt to third parties to embarrass the debtor. San Diego debt collection lawyers say communicating with the debtor’s employer or family members and disclosing the nature of the debt is unlawful.
• Falsely representing the nature and status of the debt collector as an attorney or a consumer reporting agency, and the communications being sent are on behalf of a legal department or in relation to a legal proceeding.
• Seeking to collect amounts beyond what the debtor is entitled to at law, such as time-barred debts and debt-related costs and fees.

Written Notice

San Diego debt collection lawyers say another requirement of the RFDCPA is for creditors to include in the first written communication, in 12-point type font, to the debtor, upon the debtor’s request, a notice that includes the following information:

• A statement that includes specified information about the debt balance, interest, fees, the assignment history of the debt, the date of defaulting on the debt, and other vital information related to the debt.
• Contracts or written agreements evidencing a debtor’s agreement to the debt if a debt collector has been assigned a debt.

Prohibitions Against Commercial Debt

The RFDCPA has provisions against the collection or attempted collection of a commercial debt, unless it has been reduced to judgment through judicial proceedings in one of the following venues:

• The county where the debtor acquired the debt
• The county where the debtor lives at the time of starting the judicial proceedings
•  The county where the debtor lived at the time of contracting
•  If the debt obligation emanates from a guaranty, the county where the commercial debtor is located.

Additionally, a creditor must not send communications regarding the commercial debt that make it appear as though it has been authorized, issued, or approved by a governmental agency. The communications should also not inaccurately simulate the start of a legal or judicial process.

A debt collector or creditor must also discontinue collection efforts against a commercial debt if the debtor claims to be an alleged victim of identity theft and provides enough evidence to support this claim.

What Are the Legal Requirements for Debt Collectors?

Debt collection lawyers in San Diego highlight the following specific actions that collectors must take as stipulated in the Act:

• Debt collectors must notify a debtor if the statute of limitations for a particular debt has elapsed. The law is against collectors who file legal proceedings to collect time-barred debt.
• Creditors and debt collectors must respect the judicial process. If they sue debtors for an outstanding debt, they must serve them with a lawsuit notice.

How is the RFDCPA Different from the FDCPA?

Experienced lawyers in San Diego explain that the Fair Debt Collection Practices Act applies to every state, but unfortunately, not all states provide the additional protections the RFDCPA does. California residents have an extra layer of protection against unfair debt collection practices through the Rosenthal Fair Debt Collection Practices Act.

Californians are protected under federal (FDCPA) and state (RFDCPA) laws. The most crucial difference is that the RFDCPA protects debtors from first-party creditors. It prohibits harassment from both third-party debt collectors and original creditors.

For example, if an individual owes a bank, the FDCPA protects them only against the debt collector acting on behalf of the bank. On the contrary, the RFDCPA protects them against the collection agency and the bank.

A Skilled Debt Collection Lawyer Providing Legal Insights into the RFDCPA

Understanding the key provisions of the Rosenthal Fair Debt Collection Practices Act is crucial for debtors and debt collectors alike. Commercial lenders seeking to enforce their legal rights and remedies should understand that the provisions can’t be waived, and they risk being sued for damages if they violate them.

If you’re a debtor who feels harassed by a debt collector, seek the help of skilled San Diego attorneys at the Khosroabadi & Hill, APC, law firm. They can help you understand and assert your rights under the RFDCPA. Depending on the case specifics, our legal team can help you pursue legal action against a debt collector for illegal debt collection practices. Call us at 858-240-2093 for a FREE consultation.