# Cal. Civ. Code §§ 1788-1788.33 — Rosenthal Fair Debt Collection Practices Act

- Citation: Cal. Civ. Code, §§ 1788-1788.33
- Code: Civil Code, Division 3, Part 4, Title 1.6C
- Subject: California's analog to the federal FDCPA
- Source: https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=CIV
- Last verified: 2026-05-13

> Authored from canonical California statutory sources; verify
> against leginfo.legislature.ca.gov before relying.

## Overview

The Rosenthal Fair Debt Collection Practices Act is California's
state-law analog to the federal FDCPA. It was enacted in 1977
and has been amended several times — most importantly by SB 480
(2018), which adjusted the relationship between Rosenthal and
the federal FDCPA.

### California-distinctive features

Three features make Rosenthal materially broader than the
federal FDCPA:

1. **First-party reach** — Rosenthal applies to BOTH first-
   party creditors (those collecting their own debts) AND
   third-party collectors. The federal FDCPA applies only to
   third-party collectors.

2. **FDCPA incorporation** — § 1788.17 incorporates the federal
   FDCPA's substantive requirements (15 U.S.C. § 1692b-1692j)
   as Rosenthal violations.

3. **One-way attorney's fees** — § 1788.30(c) makes attorney's
   fees recoverable for the prevailing consumer (not the
   prevailing collector).

## § 1788 — Title and findings

"This title shall be known and may be cited as the Rosenthal
Fair Debt Collection Practices Act." Findings emphasize the
need to protect consumer privacy and dignity in collection
practices.

## § 1788.2 — Definitions

**(a)** The term "person" includes individuals, corporations,
partnerships, etc.

**(b)** The term "debt collector" means any person who, in the
ordinary course of business, regularly, on behalf of himself or
herself or others, engages in debt collection. The term
includes any person who composes and sells, or offers to
compose and sell, forms, letters, and other collection media
used or intended to be used for debt collection, but does not
include an attorney or counselor at law.

**(c)** **CALIFORNIA-DISTINCTIVE**: The term "debt collector"
includes a person collecting his or her own debts in a name
other than his or her own. (This is the textual hook for
first-party application — combined with the broad reading
courts have given to "debt collector".)

**(d)** The term "consumer credit transaction" means a
transaction between a natural person and another person in
which property, services or money is acquired on credit by
such natural person from such other person primarily for
personal, family, or household purposes.

**(e)** The term "debt" means money, property or their
equivalent which is due or owing or alleged to be due or owing
from a natural person to another person.

**(f)** The term "consumer debt" means money, property or their
equivalent, due or owing or alleged to be due or owing from a
natural person by reason of a consumer credit transaction.

**(g)** The term "consumer" means a natural person from whom a
debt collector seeks to collect a consumer debt which is due
and owing or alleged to be due and owing from that person.

**(h)** The term "creditor" means a person who extends consumer
credit to a debtor.

**(i)** The term "communication" means the conveying of
information regarding a debt directly or indirectly to any
person through any medium.

## § 1788.10 — Threats and use of force

No debt collector shall collect or attempt to collect a
consumer debt by means of the following practices:

**(a)** The use, or threat of use, of physical force or
violence or any criminal means to cause harm to the person, or
to the reputation, or to the property of any person.

**(b)** The threat that nonpayment of the consumer debt will
result in the accusation that the debtor has committed a crime
where such accusation, if made, would be false.

**(c)** The communication, or threat to communicate, to any
person the fact that a debtor has engaged in conduct, other
than the failure to pay a consumer debt, which the debt
collector knows or has reason to believe will defame the
debtor.

**(d)** The threat to any person that nonpayment of the
consumer debt may result in the arrest of the debtor or the
seizure, garnishment, attachment or sale of any property or
the garnishment or attachment of wages of the debtor, unless
such action is in fact contemplated by the debt collector and
permitted by the law.

**(e)** The threat to take any action against the debtor which
is prohibited by this title.

## § 1788.11 — Communication frequency / pretense

No debt collector shall collect or attempt to collect a
consumer debt by means of the following practices:

**(a)** Use of obscene or profane language.

**(b)** Placing telephone calls without disclosure of the
caller's identity, provided that an employee of a licensed
collection agency may identify himself or herself by using his
or her registered alias name as long as he or she correctly
identifies the agency he or she represents.

**(c)** Causing expense to any person for long-distance
telephone calls, telegram fees or charges for other similar
communications, by misrepresenting to such person the purpose
of such telephone call, telegram or similar communication.

**(d)** Causing a telephone to ring repeatedly or continuously
to annoy the person called.

**(e)** Communicating, by telephone or in person, with the
debtor with such frequency as to be unreasonable and to
constitute an harassment to the debtor under the circumstances.

## § 1788.12 — Communication with workplace / others

No debt collector shall collect or attempt to collect a
consumer debt by means of the following practices:

**(a)** Communicating with the debtor's employer regarding the
debtor's consumer debt (with limited exceptions for
employer-permitted communications under workplace garnishment
proceedings).

**(b)** Communicating information regarding a consumer debt to
any member of the debtor's family (other than the debtor's
spouse or the parents or guardians of the debtor who is either
a minor or who resides in the same household with such parent
or guardian), prior to obtaining a judgment against the debtor,
except where the purpose of the communication is to locate the
debtor, or where the debtor or his attorney has consented in
writing to such communication.

**(c)** Communicating with the debtor or any member of his
family or household with such frequency or at such unusual
hours or in such a manner as can reasonably be expected to
abuse or harass the debtor.

## § 1788.13 — False or misleading representations

No debt collector shall collect or attempt to collect a
consumer debt by means of the following practices:

**(a)** Any communication with the debtor in the name of an
attorney or counselor at law or upon stationery or like written
instruments bearing the name of the attorney or counselor at
law, unless such communication is by an attorney or counselor
at law or shall have been approved or authorized by such
attorney or counselor at law.

**(b)** Any communication which simulates legal or judicial
process or which gives the appearance of being authorized,
issued or approved by a governmental agency or attorney at
law, when it is not.

**(c)** Any false representation that any person is an attorney
or counselor at law.

**(d)** The representation that any debt collector is vouched
for, bonded by, affiliated with, or is an instrumentality,
agent or official of any federal, state or local government or
any agency of federal, state or local government.

**(e)** The false representation of the character, extent or
amount of a consumer debt, or of its status in any legal
proceeding.

**(f)** The false representation that a consumer debt has been,
is about to be, or will be referred to an attorney for
litigation, or to any other person for collection.

**(g)** The false representation that any documents are or
include legal process.

**(h)** The false representation that the debt collector has
in his or her possession information or something of value for
the debtor.

**(i)** The false representation that a sale of any merchandise
or service, including the legal services of an attorney,
constitutes payment of a consumer debt.

**(j)** The false representation that the debt collector is
licensed to collect debts in California when such collector is
not so licensed.

**(k)** The use of any badge, uniform, or other indicia of a
governmental agency or of an attorney at law in connection
with the collection of a consumer debt.

**(l)** The making of any communication to a debtor or to any
person concerning a consumer debt by means of any postcard,
or any envelope or notice that bears any insignia, indicia or
language indicating that the contents thereof refer to or are
concerned with the collection of a consumer debt.

## § 1788.14 — Specific abusive practices prohibited

No debt collector shall collect or attempt to collect a
consumer debt by means of the following practices:

**(a)** Obtaining an affirmation from a debtor of a consumer
debt which has been discharged in bankruptcy, without clearly
and conspicuously disclosing to the debtor, in writing, at the
time such affirmation is sought, the fact that the debtor is
not legally obligated to make such affirmation.

**(b)** Collecting or attempting to collect from the debtor the
whole or any part of the debt collector's fee or charge for
services rendered, or other expense incurred by the debt
collector in the collection of the consumer debt, except as
permitted by law.

**(c)** Initiating communications, other than statements of
account, with the debtor with regard to the consumer debt,
when the debt collector has been previously notified in writing
by the debtor's attorney that the debtor is represented by
such attorney with respect to the consumer debt and such
notice includes the attorney's name and address and a request
by such attorney that all communications regarding the consumer
debt be addressed to such attorney, unless the attorney fails
to answer correspondence, return telephone calls or discuss the
obligation in question.

**(d)** No debt collector shall send any communication to a
debtor that contains language that purports to be from an
attorney unless the communication is from an attorney.

## § 1788.15 — Litigation against debtor

**(a)** No debt collector shall collect or attempt to collect
a consumer debt by means of judicial proceedings when the
debt collector knows that service of process, where essential
to jurisdiction over the debtor or his property, has not been
legally effected.

**(b)** No debt collector shall collect or attempt to collect
a consumer debt, other than one reduced to judgment, by means
of judicial proceedings in a county other than the county in
which the debtor has incurred the consumer debt or the county
in which the debtor resides at the time such proceedings are
instituted, or resided at the time the debt was incurred.

This is California's "venue requirement" — a debt-collection
suit can only be filed in either the county where the debt was
incurred or the county where the debtor resides.

## § 1788.16 — Postdated checks

No debt collector shall collect or attempt to collect a
consumer debt by depositing any postdated check or any check,
draft or order for the payment of money, prior to the date on
such check, draft or order.

## § 1788.17 — FDCPA INCORPORATION

**Notwithstanding any other provision of this title, every
debt collector collecting or attempting to collect a consumer
debt shall comply with the provisions of Sections 1692b to
1692j, inclusive, of, and shall be subject to the remedies in
Section 1692k of, Title 15 of the United States Code.**
However, subsection (11) of Section 1692e and Section 1692g
shall not apply to any person specified in paragraphs (A) and
(B) of subsection (6) of Section 1692a of Title 15 of the
United States Code or that person's principal. The references
to federal codes in this section refer to those codes as they
read January 1, 2001.

### Practical implications of § 1788.17

This section is the single most-litigated provision of
Rosenthal. It incorporates virtually every federal FDCPA
substantive prohibition as a state-law violation, while also
authorizing the federal remedies (15 U.S.C. § 1692k —
statutory damages up to $1,000, actual damages, attorney's
fees, and costs).

The combination of § 1788.17 + § 1788.30 gives a California
consumer **cumulative remedies under both state and federal
law** — a single course of debt-collection conduct can violate
both Rosenthal and FDCPA.

## § 1788.18 — Identity theft

Special procedures for debtors who are victims of identity
theft and have a police report and FTC affidavit. The
collector must cease collection upon receipt of qualifying
documentation.

## § 1788.20-1788.21 — Creditor obligations

Provisions imposing obligations on creditors (not just debt
collectors) regarding furnishing information to credit
reporting agencies, etc.

## § 1788.30 — REMEDIES AND DAMAGES

This is the enforcement provision — the heart of Rosenthal
litigation.

**(a)** Any debt collector who violates this title with respect
to any debtor shall be liable to that debtor only in an
individual action, and his liability therein to that debtor
shall be in an amount equal to the sum of any actual damages
sustained by the debtor as a result of such violation.

**(b) — STATUTORY DAMAGES**: Any debt collector who willfully
and knowingly violates this title with respect to any debtor
shall, in addition to actual damages sustained by the debtor as
a result of such violation, also be liable to the debtor only
in an individual action, and additional damages in such case
**shall be awarded by the court in an amount not less than
one hundred dollars ($100) nor greater than one thousand
dollars ($1,000)**.

**(c) — ATTORNEY'S FEES**: In the case of any successful action
to enforce the foregoing liability, the costs of the action,
and reasonable attorney's fees as determined by the court, may
be awarded to the prevailing plaintiff; in the case of an
action in which it is determined that the defendant willfully
violated this title, the court shall award to the plaintiff the
costs of the action, together with reasonable attorney's fees.

**(d)** A debt collector shall have no civil liability if,
within 15 days either after discovering a violation which is
able to be cured, or after the receipt of a written notice of
such violation, the debt collector notifies the debtor of the
violation, and makes whatever adjustments or corrections are
necessary to cure the violation with respect to the debtor.

**(e)** A debt collector shall have no civil liability under
this title if the violation was not intentional and resulted
from a bona fide error notwithstanding the maintenance of
procedures reasonably adapted to avoid any such error.

**(f) — STATUTE OF LIMITATIONS**: Any action under this section
**may be brought in any appropriate court of competent
jurisdiction in an individual capacity within one year from
the date of the occurrence of the violation**.

## § 1788.32 — Cumulative remedies

The remedies provided in this title are cumulative and not in
limitation of any other remedies and rights, including any
rights under the Unruh Civil Rights Act (Section 51 of the
Civil Code) or the federal FDCPA.

## § 1788.33 — Effective date / severability

Standard severability and effective-date language.

## Quick-reference for litigators

| Element | Rosenthal | Federal FDCPA |
|---|---|---|
| Applies to first-party creditors | YES (§ 1788.2(c) + judicial interpretation) | No (15 USC § 1692a(6)) |
| Applies to third-party collectors | YES | YES |
| Substantive incorporation | § 1788.17 incorporates FDCPA standards | Federal-only |
| Statutory damages | $100-$1,000 (§ 1788.30(b)) | Up to $1,000 (15 USC § 1692k(a)(2)) |
| Attorney's fees | Yes — one-way to consumer (§ 1788.30(c)) | Yes — one-way (15 USC § 1692k(a)(3)) |
| SOL | 1 year from violation (§ 1788.30(f)) | 1 year from violation (15 USC § 1692k(d)) |
| Bona fide error defense | § 1788.30(e) | 15 USC § 1692k(c) |
| Cumulative with FDCPA | YES (§ 1788.32) | Cumulative with state law |

## Pleading a Rosenthal violation

A typical Rosenthal cause of action in a cross-complaint or
direct action pleads:

1. Defendant is a debt collector within § 1788.2(b)/(c).
2. The alleged debt is a consumer debt within § 1788.2(f).
3. Defendant communicated about the debt with plaintiff.
4. The communication violated one or more specific Rosenthal
   provisions (cite each subsection violated; AND/OR cite the
   § 1788.17 + specific FDCPA provision violated).
5. Plaintiff was damaged (actual + statutory).
6. Demand: actual damages, statutory damages ($100-$1,000),
   attorney's fees and costs.

## Leading cases

- **Komarova v. National Credit Acceptance, Inc.** (2009) 175
  Cal.App.4th 324 — broadest application of Rosenthal coverage
  to first-party creditors; established that Rosenthal reaches
  conduct FDCPA does not.

- **Davidson v. Seterus, Inc.** (2018) 21 Cal.App.5th 283 —
  confirmed Rosenthal applies to first-party mortgage
  servicers acting as "debt collectors" under § 1788.2.

- **Best Service Co., Inc. v. Pickett** (2013) 217 Cal.App.4th
  1209 — Rosenthal standing requirements.

## Cross-references

- `../federal-debt-laws/FDCPA.md` — federal text incorporated
  by § 1788.17
- `../federal-debt-laws/Reg-F.md` — CFPB Reg F implementing
  FDCPA (12 CFR Part 1006)
- `CivCode-FDBPA.md` — Fair Debt Buying Practices Act (debt-
  buyer-specific requirements)
- `FinCode-CDCLA.md` — California Debt Collection Licensing Act
  (licensing requirement for collectors and buyers)
- `BPC-UCL.md` — UCL borrows Rosenthal violations as "unlawful"
  prong predicate
- `../../../ca-consumer-debt/SKILL.md` — workflow using this
  statute
- `../../../ca-consumer-debt/references/rosenthal-act.md` —
  practitioner-facing guidance