California Debt Collection Law at a Glance
Federal Protection
15 USC §1692g — Fair Debt Collection Practices Act. 30-day validation window from first written contact. Collector must cease collection upon written dispute.
State Supplement
Cal. Civ. Code §1788 et seq. — Rosenthal Fair Debt Collection Practices Act
Covers original creditors — not just third-party collectors.
Damages available: Up to $1,000 statutory damages per action, plus actual damages and attorney fees — mirrors FDCPA but applies to original creditors
Collector Licensing
Debt collectors in California must be licensed under Cal. Fin. Code §100000 et seq. (Debt Collection Licensing Act). Unlicensed collection activity may constitute an additional violation.
Statute of Limitations
- Credit card / revolving: 4 years
- Written contracts: 4 years
- Oral contracts: 2 years
- Promissory notes: 4 years
- (Cal. Civ. Proc. Code §337)
Where to File Complaints
- California Attorney General Consumer Protection Section
- Consumer Financial Protection Bureau (CFPB)
- Federal Trade Commission (FTC)
Small claims limit: $10,000
Additional Protections
- Rosenthal Act applies to ORIGINAL CREDITORS, not just third-party collectors
- Same validation rights as FDCPA but broader coverage
- Debt collectors must be licensed under California Debt Collection Licensing Act (effective 2022)
- Violations of FDCPA automatically violate the Rosenthal Act (Cal. Civ. Code §1788.17)
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California Debt Validation FAQ
What is the FDCPA 30-day validation period for debt collectors contacting me in California?
Under the Fair Debt Collection Practices Act (15 USC §1692g), you have 30 calendar days from the date a debt collector first contacts you in writing to request validation of the debt. During this time, the collector must cease collection activity if you dispute the debt in writing. This federal right applies in all 50 states including California.
Does California have its own debt collection protection law beyond the FDCPA?
Yes. California provides additional consumer protections under Cal. Civ. Code §1788 et seq. (Rosenthal Fair Debt Collection Practices Act). Notably, California law extends protections to cover original creditors, not just third-party debt collectors. Violations may result in: Up to $1,000 statutory damages per action, plus actual damages and attorney fees — mirrors FDCPA but applies to original creditors.
Are debt collectors required to be licensed in California?
Yes. Under Cal. Fin. Code §100000 et seq. (Debt Collection Licensing Act), debt collectors operating in California must be licensed. If a collector contacting you is not properly licensed, this may constitute an additional violation that strengthens your dispute.
What is the statute of limitations on debt in California?
In California, the statute of limitations varies by debt type: credit card/revolving debt is 4 years, written contracts are 4 years, and oral contracts are 2 years (Cal. Civ. Proc. Code §337). If your debt is past the statute of limitations, a collector cannot legally sue you to collect it, and threatening legal action on time-barred debt may violate the FDCPA.
What should I include in a debt validation letter sent from California?
Your debt validation letter should: (1) reference the FDCPA (15 USC §1692g), (2) demand verification of the debt amount, (3) request proof of the collector's authority to collect, (4) ask for the original creditor's name and address, (5) request a copy of the original agreement, and (6) cite any applicable California state protections. Send via certified mail, return receipt requested.
Can I sue a debt collector who violates my rights in California?
Yes. Under the FDCPA (15 USC §1692k), you can sue for up to $1,000 in statutory damages plus actual damages and attorney fees. Under California law, you may also seek: Up to $1,000 statutory damages per action, plus actual damages and attorney fees — mirrors FDCPA but applies to original creditors. You can file in California small claims court for claims up to $10,000.
Debt Validation Letters by State
Select your state to see your specific protections.