If a payday loan debt collector is calling you repeatedly, threatening you, or contacting you at work, you have the right to make it stop — and the right is enforceable. Under the federal Fair Debt Collection Practices Act (FDCPA) and California’s Rosenthal Fair Debt Collection Practices Act, you can send a written cease communication request and the collector must honor it. Violations are not just annoying — they are actionable. This article explains exactly what collectors can and cannot do, how to stop the calls, and what to do if they keep coming.
Scope: What Type of Loan Does This Article Cover?
This article applies to collection activity on deferred deposit transactions made by lenders licensed under the CDDTL, Financial Code §§ 23000–23106, as well as collection activity by third-party collectors on any payday loan debt. The FDCPA applies to third-party collectors regardless of whether the original loan was CDDTL-licensed. The Rosenthal Act applies to both original creditors and third-party collectors. Verify your lender’s license at dfpi.ca.gov.
What Collectors Are Prohibited From Doing
Under the FDCPA, 15 U.S.C. § 1692 et seq., and the Rosenthal Act, Civil Code § 1788 et seq., debt collectors cannot:
- Call before 8 a.m. or after 9 p.m. in your local time zone — 15 U.S.C. § 1692c(a)(1)
- Call you at work if they know or have reason to know your employer prohibits such calls — 15 U.S.C. § 1692c(a)(3)
- Call repeatedly or continuously with intent to annoy, abuse, or harass — 15 U.S.C. § 1692d(5)
- Use obscene or profane language — 15 U.S.C. § 1692d(2)
- Threaten violence or harm — 15 U.S.C. § 1692d(1)
- Threaten arrest or criminal prosecution for a civil debt — 15 U.S.C. § 1692e(4)
- Misrepresent the amount owed or the legal status of the debt — 15 U.S.C. § 1692e(2)
- Threaten to sue when they have no intention of doing so — 15 U.S.C. § 1692e(5)
- Contact third parties about your debt — with limited exceptions — 15 U.S.C. § 1692c(b)
- Fail to identify themselves as debt collectors — 15 U.S.C. § 1692e(11)
The Rosenthal Act mirrors these prohibitions and extends them to original creditors — meaning the payday lender itself, not just third-party collectors.
Your Right to Stop All Contact: The Cease Communication Letter
Under 15 U.S.C. § 1692c(c), you have the right to send a written request telling the collector to stop contacting you. Once the collector receives it, they may only contact you again for two specific purposes:
- To confirm they will cease communication
- To notify you of specific legal action they intend to take — such as filing a lawsuit
That is it. All other calls, letters, and contacts must stop.
Calling Your Workplace
If a collector is calling you at work, tell them verbally that your employer does not permit such calls. Under 15 U.S.C. § 1692c(a)(3), once the collector knows your employer prohibits debt collection calls, they must stop. Follow up in writing to create a record. If calls continue after written notice, that is an actionable violation.
Contacting Family, Friends, or Neighbors
A collector can contact third parties — but only to locate you, and only if they do not already have your contact information. They cannot reveal that they are collecting a debt when contacting a third party. They cannot call the same third party more than once. 15 U.S.C. § 1692b. If a collector is telling your family members, coworkers, or neighbors about your debt, that is a violation.
How to Document Violations
Documentation is everything if you want to act on collector violations. For every call:
- Note the date, time, and duration
- Write down what was said — exact words if possible
- Note the name and company the caller identifies
- Save any voicemails
- Save any letters or text messages
Filing Complaints
File complaints with:
- DFPI at dfpi.ca.gov/file-a-complaint — for violations by CDDTL-licensed lenders
- CFPB at consumerfinance.gov/complaint — for violations by any collector
- California Attorney General at oag.ca.gov — for Rosenthal Act violations
- FTC at reportfraud.ftc.gov — for FDCPA violations
Filing complaints creates a record, triggers investigation, and in some cases results in enforcement action against the collector.
Your Right to Sue
If a collector violates the FDCPA, you can sue them in federal or state court for actual damages, statutory damages up to $1,000 per lawsuit under 15 U.S.C. § 1692k, and attorney’s fees and costs if you prevail. The Rosenthal Act provides similar remedies under California law. The one-year statute of limitations for FDCPA claims runs from the date of the violation. If you believe you have a claim, consult a consumer protection attorney promptly.
If You Are Sued
A cease communication letter stops calls — it does not stop a lawsuit. If a collector files suit after you send the letter, you still have 30 days to respond in limited civil court or must appear at the hearing in small claims. Do not ignore it.
Learn how to respond to a debt collection lawsuit in California →
If you are weighing whether bankruptcy might be the right move, speaking with an attorney is the right first step.
Frequently Asked Questions
Can I make a debt collector stop calling me?
Yes. Send a written cease communication request invoking your rights under 15 U.S.C. § 1692c(c). Once received, the collector can only contact you to confirm they will stop or to notify you of specific legal action. Send it via certified mail and keep proof of delivery.
How many times can a debt collector call me in one day?
The CFPB has clarified that calling more than seven times within a seven-day period, or calling within seven days of a prior conversation, presumptively constitutes harassment under the FDCPA. California’s Rosenthal Act also prohibits repeated calls with intent to annoy or harass.
Can a debt collector call me at work?
Only if they do not know your employer prohibits such calls. If you tell them — verbally first, then in writing — that your employer does not allow debt collection calls, they must stop. Continued calls after notice are a violation.
Can a debt collector tell my family about my debt?
No. A collector can contact third parties only to locate you, and cannot disclose that they are collecting a debt. Telling family members, coworkers, or neighbors about your debt is a violation of the FDCPA.
Does a cease communication letter stop a lawsuit?
No. Sending a cease communication letter stops calls and letters but does not prevent the collector from filing a lawsuit. If you are sued after sending the letter, you must still respond within 30 days in limited civil court or appear at the hearing in small claims.
What if the collector keeps calling after I send the letter?
Continued contact after receipt of a cease communication letter is a violation of the FDCPA. Document every call. File complaints with the CFPB and DFPI. Consult a consumer protection attorney — continued violations after a cease letter strengthen any claim you may have.
Sources
- Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
- 15 U.S.C. § 1692b (contacting third parties)
- 15 U.S.C. § 1692c (communication restrictions)
- 15 U.S.C. § 1692c(c) (cease communication right)
- 15 U.S.C. § 1692d (harassment and abuse)
- 15 U.S.C. § 1692e (false and misleading representations)
- 15 U.S.C. § 1692k (civil liability)
- Rosenthal Fair Debt Collection Practices Act, Civil Code § 1788 et seq.
- California Penal Code § 632 (two-party consent recording)
- California Deferred Deposit Transaction Law, Financial Code §§ 23000–23106
- DFPI Complaint Portal — dfpi.ca.gov/file-a-complaint
- CFPB Complaint Portal — consumerfinance.gov/complaint
- California Attorney General — oag.ca.gov
- FTC Fraud Report — reportfraud.ftc.gov
- Lawyers for the Little Guys — lawyersforthelittleguys.com/request-a-consult