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In California is it legal for a debt collector to call a person's work cell phone every day to collect a debt?
Under the Fair Debt Collection Practices Act (FDCPA), which is a federal law, creditors are not allowed to call your work if they know your employer does not allow such calls. Also, they're not allowed to contact you directly if you've told them that you're represented by an attorney. If you do that, they legally can not contact you again directly and must only contact the attorney, according to the Act.
California's Fair Debt Collection Practices Act (California Civil Code § 1788, et seq.) adds to the federal law in several ways. Unlike the federal law, the California law applies to third-party collectors as well as creditors that collect debts for themselves.
California law also gives you added protections against unwarranted contact with your employer. In California a debt collector may only contact your employer to:Verify your employment status.Verify your business address.Garnish your wages when a court issues a judgment against you.Find out about insurance coverage if the debt involves a medical bill.
Under California law, the debt collector must first attempt to contact your employer in writing for any one of the allowed purposes (except for verification of employment, in which case a single oral contact is permitted). The collector may only telephone or make a personal contact with your employer regarding the issues listed above if after 15 days there has been no response to the written inquiry.
For more on debt collection in California, see the California Attorney General's publication, "Collection Agencies," www.ag.ca.gov/consumers/general/collection_agencies10.htm.
Further, you should never talk to collection agents on the phone under any circumstances. Communicate with them only in writing.
The following links are really helpful in explaining the laws and dealing with collection agencies:
http://www.privacyrights.org/fs/fs27-debtcoll.htm#6
http://www.creditinfocenter.com/rebuild/creditorharassment.shtml
http://www.creditinfocenter.com/rebuild/debt_validation.shtml
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