FAIR DEBT COLLECTION PRACTICES ACT VIOLATION DEMAND LETTER

CALIFORNIA

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[DATE]

[DEBT COLLECTOR NAME]
[DEBT COLLECTOR ADDRESS]
[CITY, STATE ZIP]

Re: FDCPA and Rosenthal Act Violation Demand - California Consumer
Consumer: [CONSUMER FULL NAME]
Account/Reference Number: [ACCOUNT NUMBER IF KNOWN]
Alleged Creditor: [ORIGINAL CREDITOR NAME]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client"), a resident of California, in connection with your collection activities regarding the above-referenced account. Please direct all future communications to our office and cease all direct contact with our Client.

I. INTRODUCTION AND SUMMARY OF VIOLATIONS

This letter constitutes formal notice that your collection activities have violated the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. Section 1692 et seq., and the California Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code Section 1788 et seq.

IMPORTANT: Unlike the federal FDCPA, the California Rosenthal Act applies to original creditors as well as third-party debt collectors. If you are the original creditor, you are still subject to the Rosenthal Act.

Federal FDCPA Violations:

☐ Failure to provide required debt validation notice (15 U.S.C. Section 1692g)
☐ False, deceptive, or misleading representations (15 U.S.C. Section 1692e)
☐ Unfair or unconscionable practices (15 U.S.C. Section 1692f)
☐ Harassment or abuse (15 U.S.C. Section 1692d)
☐ Communication with third parties (15 U.S.C. Section 1692c(b))
☐ Continued collection after validation request (15 U.S.C. Section 1692g(b))
☐ False threats of legal action (15 U.S.C. Section 1692e(5))
☐ Misrepresentation of amount owed (15 U.S.C. Section 1692e(2)(A))
☐ Collection of unauthorized amounts (15 U.S.C. Section 1692f(1))

California Rosenthal Act Violations (Cal. Civ. Code Section 1788.17):

☐ Violations of FDCPA provisions incorporated by Cal. Civ. Code Section 1788.17
☐ Use of threats, profane language, or violence (Cal. Civ. Code Section 1788.10)
☐ Use of obscene language (Cal. Civ. Code Section 1788.11)
☐ Unlawful communications with debtor (Cal. Civ. Code Section 1788.12)
☐ False, deceptive, or misleading representations (Cal. Civ. Code Section 1788.13)
☐ Unfair or deceptive practices (Cal. Civ. Code Section 1788.14)
☐ Improper communication with third parties (Cal. Civ. Code Section 1788.12)
☐ Threats to communicate false credit information (Cal. Civ. Code Section 1788.13(e))

California UCL Violations (Bus. & Prof. Code Section 17200):

☐ Unlawful business practices
☐ Unfair business practices
☐ Fraudulent business practices

II. STATEMENT OF FACTS

[DETAILED FACTUAL NARRATIVE]

A. Background

On or about [DATE], [DEBT COLLECTOR NAME] initiated collection activity against our Client, a California resident, regarding an alleged debt purportedly owed to [ORIGINAL CREDITOR NAME] in the alleged amount of $[AMOUNT].

B. Specific Violative Conduct

[Describe each violation with specificity]

III. LEGAL ANALYSIS

A. Federal FDCPA Claims

[Detail specific FDCPA violations]

B. California Rosenthal Fair Debt Collection Practices Act

The Rosenthal Act, Cal. Civ. Code Section 1788 et seq., is California's comprehensive debt collection statute. Critically, Section 1788.17 incorporates by reference the provisions of the federal FDCPA (15 U.S.C. Sections 1692b-1692j), making them applicable to original creditors as well as debt collectors.

The Rosenthal Act provides additional protections beyond the FDCPA:

Prohibited Conduct Under the Rosenthal Act:

Section 1788.10 - Threats and Violence:
- Threat of violence or criminal means
- Accusation of fraud or crime
- Threats to damage debtor's reputation

Section 1788.11 - Obscene Language:
- Use of obscene or profane language

Section 1788.12 - Improper Communications:
- Communication with debtor's employer (except as permitted)
- Repeated telephone calls to annoy or harass

Section 1788.13 - False Representations:
- False claim of attorney representation
- False threats of arrest or garnishment
- False representation of amount owed
- Threats to communicate false credit information

Section 1788.14 - Unfair Practices:
- Collection of unauthorized amounts
- Improper postdated check practices

Your conduct violated the Rosenthal Act because:
[SPECIFY VIOLATIVE CONDUCT]

C. California Unfair Competition Law (UCL)

Under Cal. Bus. & Prof. Code Section 17200, any "unlawful, unfair, or fraudulent business act or practice" is actionable. Violations of the FDCPA and Rosenthal Act constitute "unlawful" practices under the UCL.

D. 2025-2026 California Updates - Medical Debt Protections

Effective January 1, 2025, California prohibits consumer credit reporting agencies from including information about medical debt in consumer credit reports. Additionally, AB 2801 requires photographic evidence before withholding security deposits (tangentially related to debt collection practices). These enhanced protections reflect California's strong consumer protection environment.

IV. DAMAGES

A. FDCPA Damages (15 U.S.C. Section 1692k)

1. Actual Damages: All damages proximately caused
2. Statutory Damages: Up to $1,000 per action
3. Attorney's Fees and Costs: Mandatory

B. California Rosenthal Act Damages (Cal. Civ. Code Section 1788.30)

1. Actual Damages: All damages sustained
2. Statutory Damages: $100 to $1,000 for willful and knowing violations
3. Attorney's Fees and Costs: Mandatory for prevailing consumers
4. Class Action Damages: Available for pattern and practice violations

Note: Under Cal. Civ. Code Section 1788.30(b), if the defendant proves by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, the court may limit damages.

C. California UCL Remedies

1. Restitution: Of amounts wrongfully obtained
2. Injunctive Relief: Enjoining unlawful practices
3. Civil Penalties: In AG enforcement actions

D. Total Damages Summary

V. PRESERVATION OF EVIDENCE

You are hereby placed on notice to preserve all documents, recordings, and ESI related to our Client and your California collection operations.

VI. DEMAND FOR SETTLEMENT

To resolve this matter without litigation, we demand:

1. Monetary Compensation: Payment of $[SETTLEMENT DEMAND] within thirty (30) days
2. Deletion of Tradeline: Immediate deletion from credit reports
3. Cease Collection Activity: Immediate cessation of all collection
4. Account Closure: Permanent closure of the account
5. Written Confirmation: Confirmation within fourteen (14) days

VII. RESPONSE DEADLINE

Please respond within thirty (30) days. If we do not receive a satisfactory response, we will file suit in the United States District Court for the Northern, Central, Eastern, or Southern District of California, or in California Superior Court.

VIII. CALIFORNIA VENUE AND JURISDICTION

Claims may be brought in:
- United States District Court (any California district)
- California Superior Court in the county where our Client resides
- California Small Claims Court for claims within $12,500 limit

IX. REGULATORY COMPLAINTS

We reserve the right to file complaints with:
- California Attorney General - Consumer Protection Division
- California Department of Financial Protection and Innovation
- Consumer Financial Protection Bureau

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[CALIFORNIA BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

CALIFORNIA-SPECIFIC REFERENCE

This template is for informational purposes only. Consult a California-licensed attorney before use.