Dealing with a debt collector can be stressful, so It is important for patients to be familiar with "fair debt collection practices" such as the federal (FDCPA) (15 U.S.C. §§ 1692-1692p) and California's Rosenthal Act (Civil Code § 1788, et seq.)

California debt collection laws are broader than federal laws. California's statutes apply to BOTH original creditors and collection agencies. The federal Fair Debt Collection Practices Act covers professional agents whose "...principal purpose... is the collection of any debts...owed or due another." In contrast, the Rosenthal Act covers “...any person who...regularly, on behalf of himself or others, engages in ... the collection of consumer debts.” (Civil Code § 1788.2(b))

It is a common misconception, among medical providers who collect their own debts, that office personnel can ignore FDCPA standards and make dunning phone calls. Such conduct might not violate federal law. But in California, a creditor who acts on behalf of himself (or herself) is subject to the same standards as professional debt collectors and would be subject to liability for abusive debt collection practices.

A debtor who is victimized by abusive practices may file a law suit within one year after the date of the violation. California remedies can be asserted against the creditor or debt collection agency that committed the violation. Ordinarily, a lawyer is needed to successfully prosecute an enforcement lawsuit. But debtors may also seek recovery of damages in small claims court (within jurisdictional limits).

If a debtor files a frivolous lawsuit he/she could become liable for attorney’s fees required to defend the lawsuit.

It is important for debtors to know that consumer reporting agencies such as Equifax, TransUnion and Experian are prohibited from revealing medical information or individualized descriptions of medical treatments. (15 USC § 1681a(d)(3))