Cal. Codes » Civil Code

Cal. Civil Code § 1788.10

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No debt collector shall collect or attempt to collect a covered 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 covered debt will result in an accusation that the debtor has committed a crime where the 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 covered 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 covered debt, with an accompanying false representation that the result of the sale or assignment would be that the debtor would lose any defense to the covered debt.

(e)The threat to any person that nonpayment of the covered 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 the action is in fact contemplated by the debt collector and permitted by the law.

(f)The threat to take any action against the debtor, which is prohibited by this title.

Notes of Decisions
Cited in 23 cases (15 in the last 5 years), 2004–2025 · leading case: Gomes v. Countrywide Home Loans, Inc.
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Gomes v. Countrywide Home Loans, Inc. (2011) calctapp “” The remaining causes of action were for (1) quiet title against Defendants; (2) violation of the Rosenthal Fair Debt Collection Practices Act (Civ. Code, § 1788.10 et seq.) against Countrywide; (3) violation of Civil Code section 2943, subdivision (b)(1) against Countrywide;…”
Alkan v. Citimortgage, Inc. (2004) cand · cites it 3× “The CFDCPA regulates the permissible practices for attempting to collect a debt once the loan has been made.”
Champlaie v. BAC Home Loans Servicing, LP (2009) caed “Cal. Civ.Code § 1788.10 enumerates the types of "threats” that are prohibited under the Rosenthal Act.”
Johnson v. JP MORGAN CHASE BANK DBA CHASE MANHATT. (2008) caed “Cal. Civil Code §§ 1788.10 (e), 1788.11(d), (e).”
Horton v. California Credit Corp. Retirement Plan (2011) casd · cites it 2× “” Cal. Civ. Code § 1788.10 (e). Similarly, under the FDCPA, which is incorporated into the RFDCPA, see Cal.”
Yack v. Washington Mutual Inc. (2008) cand “080 of the California Civil Code (against Washington Mutual); (4) a claim for violation of California Civil Code § 1788.10 et seq.; (5) a claim for unfair business practices under Cal.”
Carson v. Kramer & Frank, P.C. (2021) ksd · cites it 2× “§ 1692d, harassment in collection of debt); Count X (FDCPA, 15 U.S.C. § 1692e, false representation in collection of a debt); Count XI (Rosenthal Fair Debt Collections Practices Act (“Rosenthal Act”), Cal.”
Best v. Ocwen Loan Servicing, LLC (2021) calctapp “” (Civ. Code, §§ 1788.10, 1788.11, 1788.12, 1788.”
Drooyan v. Action Property Management Co. CA2/8 (2023) calctapp “) It prohibits specified acts by debt collectors (Civ. Code, §§ 1788.10–1788.16), and requires 19 them to comply with provisions of the federal Fair Debt Collection Practices Act (FDCPA; 15 U.”
Waldrop v. LTS Collections Incorporated (2020) azd “§ 1692e(5); Cal. Civ. Code § 1788.10 (e). Plaintiff has established violations of both the FDCPA and the Rosenthal Act.”
Faria v. PNC Bank National Assoc. (2023) caed “See Cal. Civ. Code § 1788.10 (listing unlawful conduct 14 prohibited by the Rosenthal Act).”
Faria v. PNC Bank National Assoc. (2023) caed “See Cal. Civ. Code § 1788.10 (listing 15 unlawful conduct prohibited by the Rosenthal Act).”
Show all 23 citing cases →
— Cal. Civil Code § 1788.10(c) — 1 case
Alkan v. Citimortgage, Inc. (2004) cand “The CFDCPA regulates the permissible practices for attempting to collect a debt once the loan has been made.”
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