If a medical debt collector has harassed you, made false statements, or violated any other provision of the Fair Debt Collection Practices Act or California’s Rosenthal Act, you can file a complaint with multiple agencies — and you may be able to sue the collector directly for damages. Filing a complaint costs nothing. It creates a record, triggers an investigation, and in some cases results in enforcement action. But agencies do not represent you individually. If you want money damages, you need to assert your own claim. And if you are sued, you must take action on your own — agency complaints do not substitute for responding to a lawsuit.
Who Regulates Medical Debt Collectors in California
Medical debt collectors operating in California are subject to oversight from multiple agencies.
The Consumer Financial Protection Bureau (CFPB) enforces the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and accepts complaints against debt collectors nationwide. The CFPB forwards complaints to the collector and requires a response, creating a paper trail that can be useful in subsequent litigation.
The California Department of Financial Protection and Innovation (DFPI) licenses and regulates debt collectors operating in California under the Debt Collection Licensing Act, Financial Code § 100000 et seq. The DFPI investigates complaints and can take enforcement action including license suspension or revocation.
The Federal Trade Commission (FTC) also accepts complaints against debt collectors and uses complaint data to identify patterns of illegal conduct that may lead to enforcement actions.
The California Attorney General’s office accepts complaints about unfair business practices under Business and Professions Code § 17200 et seq.
Common FDCPA and Rosenthal Act Violations Worth Reporting
Not every unpleasant collector interaction is a violation. But the following conduct is prohibited and worth reporting: calling before 8 a.m. or after 9 p.m. in your time zone, 15 U.S.C. § 1692c(a)(1); calling your workplace after you, or an attorney representing you, informs the collector that calls there are not permitted, § 1692c(a)(3); misrepresenting the amount owed or the collector’s identity, § 1692e; continuing to contact you after receiving a written cease communication demand, § 1692c(c); and contacting third parties about your debt other than to locate you, § 1692b. California Civil Code §§ 1788.10–1788.16 sets out additional prohibited conduct under the Rosenthal Act, including threats of violence, use of obscene language, and false representations about the consequences of nonpayment.
How to File a Complaint with the CFPB
Go to consumerfinance.gov/complaint and select “Debt collection” as the product. You will be asked to describe what happened, identify the collector, and attach any supporting documents — letters, call logs, voicemails. The CFPB forwards your complaint to the collector, which has 15 days to respond. You can review the response and provide feedback. Complaints become part of the CFPB’s public database.
How to File a Complaint with the DFPI
Go to dfpi.ca.gov and file a complaint through the online portal. The DFPI investigates complaints against licensed California debt collectors and can take administrative action. Include as much documentation as possible — dates, times, what was said, copies of any written communications.
Your Right to Sue Directly
Filing a complaint with a government agency does not prevent you from suing the collector yourself. Under 15 U.S.C. § 1692k, a consumer who prevails in an FDCPA lawsuit is entitled to actual damages, statutory damages up to $1,000, and attorney’s fees. California Civil Code § 1788.30 provides similar remedies under the Rosenthal Act. The one-year statute of limitations under the FDCPA runs from the date of the violation — so do not wait.
If a collector has violated the FDCPA or Rosenthal Act, those violations are separate from any lawsuit filed against you — but they may give rise to independent claims you can assert. Enforcing your rights under these statutes and responding to a debt collection lawsuit are two different things. Both require action on your part.
Learn how to respond to a debt collection lawsuit in California →
Frequently Asked Questions
Will filing a complaint stop the collector from contacting me?
Not automatically. To stop all collection contact, you must send a written cease communication demand under 15 U.S.C. § 1692c(c). After receiving that demand, the collector may only contact you to confirm it will stop, or to notify you of a specific action it intends to take such as filing a lawsuit. Filing a complaint with the CFPB or DFPI does not trigger this protection — your written demand does.
Can I file a complaint if the collector is the hospital itself?
Yes. California’s Rosenthal Act, Civil Code § 1788 et seq., applies to original creditors including hospitals and medical groups. File with the DFPI and the California Attorney General. The FDCPA applies only to third-party collectors, but Rosenthal Act remedies are available against original creditors.
How long do I have to sue a debt collector for FDCPA violations?
One year from the date of the violation under 15 U.S.C. § 1692k(d). Do not wait. If you are considering a lawsuit, consult with a consumer rights attorney — many take FDCPA cases on contingency because the statute provides for attorney’s fees if you win.
What evidence should I gather before filing a complaint?
Keep a log of every collector contact — date, time, phone number, name of caller, and what was said. Save all written communications. If you receive voicemails, save the recordings. Note any witnesses. The more documentation you have, the stronger your complaint and any subsequent legal claim.
Does filing a complaint affect my credit?
No. Filing a complaint with the CFPB, DFPI, or any other agency has no effect on your credit report. The underlying debt may still be reported, but the complaint process itself is separate from credit reporting.
Legal references: 15 U.S.C. § 1692 et seq. (FDCPA); 15 U.S.C. § 1692k; California Civil Code § 1788 et seq. (Rosenthal Act); California Civil Code § 1788.30; California Financial Code § 100000 et seq.; California Business and Professions Code § 17200 et seq.