Fair Debt Collection PracticesEnforcement

Section § 1788.30

Explanation

If a debt collector violates debt collection rules in California, they can be held responsible for any actual damages their actions cause to the debtor, but only in an individual lawsuit. If the debt collector intentionally or knowingly breaks the rules, they must also pay a penalty between $100 and $1,000. The winner of a lawsuit about these violations can get their legal costs covered, and a debtor who wins can get their lawyer fees paid, but a creditor can get their legal fees covered only if the court finds the debtor acted in bad faith.

If a violation can be fixed within 15 days after it is noticed or a complaint is received, and the debt collector fixes it, they are not liable. Also, if a debt collector can prove the violation happened unintentionally despite having protections in place, they're not responsible. Lawsuits must be filed within a year of the violation. Lastly, if a debtor intentionally breaks the same rules, the debt collector can use that as a defense in court.

(a)CA Civil Law Code § 1788.30(a) Any debt collector who violates this title with respect to any debtor shall be liable to that debtor only in an individual action, and his liability therein to that debtor shall be in an amount equal to the sum of any actual damages sustained by the debtor as a result of the violation.
(b)CA Civil Law Code § 1788.30(b) Any debt collector who willfully and knowingly violates this title with respect to any debtor shall, in addition to actual damages sustained by the debtor as a result of the violation, also be liable to the debtor only in an individual action, and his additional liability therein to that debtor shall be for a penalty in such amount as the court may allow, which shall not be less than one hundred dollars ($100) nor greater than one thousand dollars ($1,000).
(c)CA Civil Law Code § 1788.30(c) In the case of any action to enforce any liability under this title, the prevailing party shall be entitled to costs of the action. Reasonable attorney’s fees, which shall be based on time necessarily expended to enforce the liability, shall be awarded to a prevailing debtor; reasonable attorney’s fees may be awarded to a prevailing creditor upon a finding by the court that the debtor’s prosecution or defense of the action was not in good faith.
(d)CA Civil Law Code § 1788.30(d) A debt collector shall have no civil liability under this title if, within 15 days either after discovering a violation which is able to be cured, or after the receipt of a written notice of such violation, the debt collector notifies the debtor of the violation, and makes whatever adjustments or corrections are necessary to cure the violation with respect to the debtor.
(e)CA Civil Law Code § 1788.30(e) A debt collector shall have no civil liability to which such debt collector might otherwise be subject for a violation of this title, if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted notwithstanding the maintenance of procedures reasonably adapted to avoid any such violation.
(f)CA Civil Law Code § 1788.30(f) Any action under this section may be brought in any appropriate court of competent jurisdiction in an individual capacity only, within one year from the date of the occurrence of the violation.
(g)CA Civil Law Code § 1788.30(g) Any intentional violation of the provisions of this title by the debtor may be raised as a defense by the debt collector, if such violation is pertinent or relevant to any claim or action brought against the debt collector by or on behalf of the debtor.
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Section § 1788.31

Explanation

This section basically says that if one part of this law is found to be invalid or doesn't apply in a certain situation, the rest of the law is still valid and will continue to apply in other situations. It's designed to ensure that the whole law doesn't fall apart just because a small part of it does.

If any provision of this title, or the application thereof to any person or circumstances, is held invalid, the remaining provisions of this title, or the application of such provisions to other persons or circumstances, shall not be affected thereby.
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Section § 1788.32

Explanation

This law section says that the options for handling issues provided here are meant to add to, not replace, any other legal options that might exist. It also clarifies that the new rules in this law won’t override existing consumer-related regulations unless those regulations directly conflict with the new rules.

The remedies provided herein are intended to be cumulative and are in addition to any other procedures, rights, or remedies under any other provision of law. The enactment of this title shall not supersede existing administrative regulations of the Director of Consumer Affairs except to the extent that those regulations are inconsistent with the provisions of this title.
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Section § 1788.33

Explanation

This law says that you cannot waive or give up rights that are protected under this title. Any attempt to do so is not allowed and won't hold up legally.

Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
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