TITLE 1.6C. FAIR DEBT COLLECTION PRACTICES
Article 2. Debt Collector Responsibilities
California Civil Code Section 1788.10-1788.16

1788.10.  No debt collector shall collect or attempt to collect a
consumer debt by means of the following conduct:
   (a) The use, or threat of use, of physical force or violence or
any criminal means to cause harm to the person, or the reputation, or
the property of any person;
   (b) The threat that the failure to pay a consumer debt will result
in an accusation that the debtor has committed a crime where such
accusation, if made, would be false;
   (c) The communication of, or threat to communicate to any person
the fact that a debtor has engaged in conduct, other than the failure
to pay a consumer debt, which the debt collector knows or has reason
to believe will defame the debtor;
   (d) The threat to the debtor to sell or assign to another person
the obligation of the debtor to pay a consumer debt, with an
accompanying false representation that the result of such sale or
assignment would be that the debtor would lose any defense to the
consumer debt;
   (e) The threat to any person that nonpayment of the consumer debt
may result in the arrest of the debtor or the seizure, garnishment,
attachment or sale of any property or the garnishment or attachment
of wages of the debtor, unless such action is in fact contemplated by
the debt collector and permitted by the law; or
   (f) The threat to take any action against the debtor which is
prohibited by this title.



1788.11.  No debt collector shall collect or attempt to collect a
consumer debt by means of the following practices:
   (a) Using obscene or profane language;
   (b) Placing telephone calls without disclosure of the caller's
identity, provided that an employee of a licensed collection agency
may identify himself by using his registered alias name as long as he
correctly identifies the agency he represents;
   (c) Causing expense to any person for long distance telephone
calls, telegram fees or charges for other similar communications, by
misrepresenting to such person the purpose of such telephone call,
telegram or similar communication;
   (d) Causing a telephone to ring repeatedly or continuously to
annoy the person called; or
   (e) Communicating, by telephone or in person, with the debtor with
such frequency as to be unreasonable and to constitute an harassment
to the debtor under the circumstances.



1788.12.  No debt collector shall collect or attempt to collect a
consumer debt by means of the following practices:
   (a) Communicating with the debtor's employer regarding the debtor'
s consumer debt unless such a communication is necessary to the
collection of the debt, or unless the debtor or his attorney has
consented in writing to such communication.  A communication is
necessary to the collection of the debt only if it is made for the
purposes of verifying the debtor's employment, locating the debtor,
or effecting garnishment, after judgment, of the debtor's wages, or
in the case of a medical debt for the purpose of discovering the
existence of medical insurance.  Any such communication, other than a
communication in the case of a medical debt by a health care
provider or its agent for the purpose of discovering the existence of
medical insurance, shall be in writing unless such written
communication receives no response within 15 days and shall be made
only as many times as is necessary to the collection of the debt.
Communications to a debtor's employer regarding a debt shall not
contain language that would be improper if the communication were
made to the debtor. One communication solely for the purpose of
verifying the debtor's employment may be oral without prior written
contact.
   (b) Communicating information regarding a consumer debt to any
member of the debtor's family, other than the debtor's spouse or the
parents or guardians of the debtor who is either a minor or who
resides in the same household with such parent or guardian, prior to
obtaining a judgment against the debtor, except where the purpose of
the communication is to locate the debtor, or where the debtor or his
attorney has consented in writing to such communication;
   (c) Communicating to any person any list of debtors which
discloses the nature or existence of a consumer debt, commonly known
as "deadbeat lists", or advertising any consumer debt for sale, by
naming the debtor; or
   (d) Communicating with the debtor by means of a written
communication that displays or conveys any information about the
consumer debt or the debtor other than the name, address and
telephone number of the debtor and the debt collector and which is
intended both to be seen by any other person and also to embarrass
the debtor.
   (e) Notwithstanding the foregoing provisions of this section, the
disclosure, publication or communication by a debt collector of
information relating to a consumer debt or the debtor to a consumer
reporting agency or to any other person reasonably believed to have a
legitimate business need for such information shall not be deemed to
violate this title.


1788.13.  No debt collector shall collect or attempt to collect a
consumer debt by means of the following practices:
   (a) Any communication with the debtor other than in the name
either of the debt collector or the person on whose behalf the debt
collector is acting;
   (b) Any false representation that any person is an attorney or
counselor at law;
   (c) Any communication with a debtor in the name of an attorney or
counselor at law or upon stationery or like written instruments
bearing the name of the attorney or counselor at law, unless such
communication is by an attorney or counselor at law or shall have
been approved or authorized by such attorney or counselor at law;
   (d) The representation that any debt collector is vouched for,
bonded by, affiliated with, or is an instrumentality, agent or
official of any federal, state or local government or any agency of
federal, state or local government, unless the collector is actually
employed by the particular governmental agency in question and is
acting on behalf of such agency in the debt collection matter;
   (e) The false representation that the consumer debt may be
increased by the addition of attorney's fees, investigation fees,
service fees, finance charges, or other charges if, in fact, such
fees or charges may not legally be added to the existing obligation;
   (f) The false representation that information concerning a debtor'
s failure or alleged failure to pay a consumer debt has been or is
about to be referred to a consumer reporting agency;
   (g) The false representation that a debt collector is a consumer
reporting agency;
   (h) The false representation that collection letters, notices or
other printed  forms are being sent by or on behalf of a claim,
credit, audit or legal department;
   (i) The false representation of the true nature of the business or
services being rendered by the debt collector;
   (j) The false representation that a legal proceeding has been, is
about to be, or will be instituted unless payment of a consumer debt
is made;
   (k) The false representation that a consumer debt has been, is
about to be, or will be sold, assigned, or referred to a debt
collector for collection; or
   (l) Any communication by a licensed collection agency to a debtor
demanding money unless the claim is actually assigned to the
collection agency.



1788.14.  No debt collector shall collect or attempt to collect a
consumer debt by means of the following practices:
   (a) Obtaining an affirmation from a debtor who has been
adjudicated a bankrupt, of a consumer debt which has been discharged
in such bankruptcy, without clearly and conspicuously disclosing to
the debtor, in writing, at the time such affirmation is sought, the
fact that the debtor is not legally obligated to make such
affirmation;
   (b) Collecting or attempting to collect from the debtor the whole
or any part of the debt collector's fee or charge for services
rendered, or other expense incurred by the debt collector in the
collection of the consumer debt, except as permitted by law; or
   (c) Initiating communications, other than statements of account,
with the debtor with regard to the consumer debt, when the debt
collector has been previously notified in writing by the debtor's
attorney that the debtor is represented by such attorney with respect
to the consumer debt and such notice includes the attorney's name
and address and a request by such attorney that all communications
regarding the consumer debt be addressed to such attorney, unless the
attorney fails to answer correspondence, return telephone calls, or
discuss the obligation in question. This subdivision shall not apply
where prior approval has been obtained from the debtor's attorney, or
where the communication is a response in the ordinary course of
business to a debtor's inquiry.



1788.15.  (a) No debt collector shall collect or attempt to collect
a consumer debt by means of judicial proceedings when the debt
collector knows that service of process, where essential to
jurisdiction over the debtor or his property, has not been legally
effected.
   (b) No debt collector shall collect or attempt to collect a
consumer debt, other than one reduced to judgment, by means of
judicial proceedings in a county other than the county in which the
debtor has incurred the consumer debt or the county in which the
debtor resides at the time such proceedings are instituted, or
resided at the time the debt was incurred.


1788.16.  It is unlawful, with respect to attempted collection of a
consumer debt, for a debt collector, creditor, or an attorney, to
send a communication which simulates legal or judicial process or
which gives the appearance of being authorized, issued, or approved
by a governmental agency or attorney when it is not.  Any violation
of the provisions of this section is a misdemeanor punishable by
imprisonment in the county jail not exceeding six months, or by a
fine not exceeding two thousand five hundred dollars ($2,500) or by
both.

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