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Rosenthal Fair Debt Collection Practices Act

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Hagey v. Solar Service Experts, LLC (2023) 94 Cal.App.5th 1303

A debt falls within the scope of the Rosenthal Fair Debt Collection Practices Act even if the consumer being dunned does not actually owe the debt and did not enter into the consumer credit transaction that the debt collector is attempting to collect.  Under Civ. Code, § 1788.2(f), a consumer debt is money due or owing, or alleged to be… Read More

Minser v. Collect Access, LLC, Nos. B318325, B321996, 2023 Cal. App. LEXIS 474 (Ct. App. May 24, 2023)

The Rosenthal FDCPA (Civ. Code 1788.15(a))  forbids collecting consumer debt by judicial proceedings when the collector knows that service of process, if necessary to establish personal jurisdiction, was not properly effected.  This decision holds that the absolute litigation privilege does not apply to immunize the debt collector from liability under the cited section, which is more specific that Civ. Code… Read More

Young v. Midland Funding LLC, Nos. A161843, A162784, 2023 Cal. App. LEXIS 339 (Ct. App. May 3, 2023)

Reversing an Anti-SLAPP order striking plaintiff's complaint, this decision holds that Civ. Code 1788.17 incorporates into the Rosenthal Fair Debt Collection Practices Act, the strict liability standard of 15 USC 1692(e) for false statements made in collecting a debt or regarding the legal status of the debt.  Thus, the debt collector may be held liable under the Rosenthal Act for… Read More

Aguilar v. Mandarich Law Grp., LLP, 87 Cal. App. 5th 607 (2023)

The trial court correctly granted defendant's anti-SLAPP motion to strike plaintiff's Rosenthal Fair Debt Collection Practices Act suit because plaintiff could not show a likelihood of prevailing on the claim.  Civ. Code 1788.17 incorporates provisions of the federal Fair Debt Collection Practices Act, including 15 USC 1692e which forbids false statements in attempts to collect debts and misrepresentation of the… Read More

Aguilar v. Mandarich Law Grp., No. H049860, 2023 Cal. App. LEXIS 22 (Ct. App. Jan. 17, 2023)

The trial court correctly granted defendant's anti-SLAPP motion to strike plaintiff's Rosenthal Fair Debt Collection Practices Act suit because plaintiff could not show a likelihood of prevailing on the claim.  Civ. Code 1788.17 incorporates provisions of the federal Fair Debt Collection Practices Act, including 15 USC 1692e which forbids false statements in attempts to collect debts and misrepresentation of the… Read More

Olson v. La Jolla Neurological Assocs., No. D079265, 2022 Cal. App. LEXIS 973 (Ct. App. Nov. 23, 2022)

Neither a doctor nor his medical practice were "debt collectors" within the meaning of the Rosenthal FDCPA, as the doctor and medical practice did not regularly engage in the business of debt collection but instead hire third party billing services to bill and collect for their medical services.  To be regularly engaged in the business of debt collection, a person… Read More