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§7.06 Debt Collection—Governing Law

Lesson 7:
& Warranties

The Rosenthal Fair Debt Collection Practices Act [CC §§1788 et seq] prohibits debt collectors from engaging in unfair or deceptive acts in consumer debt collection and requires debtors to act fairly in entering into and honoring debts. [CC §1788.1.] The Act applies to anyone who regularly engages in debt collection for themselves or others, except attorneys. [CC §1788.2(c).]

Debt collectors in California must also comply with the federal Consumer Credit Protection Act [15 USC §§1692 et seq] in collecting or attempting to collect consumer debts. [CC §1788.17.] The purpose of the federal Act is to eliminate abusive debt collection practices, to ensure that those debt collectors who do not engage in abusive debt collection practices are not competitively disadvantaged, and to promote consistent state action to protect consumers against debt collection abuses. [15 USC §1692.]

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