Attorneys often think that an aggressive approach to litigation
is part of the duty to act as a zealous advocate for clients. But
attorneys who represent debt collectors may face additional risks,
because California courts have held that litigation tactics may
constitute violations of statutes prohibiting unfair debt
collection practices.
In particular, the federal Fair Debt Collection Practices Act
(FDCPA) regulates what debt collectors can do in collecting debts.
The purpose of the act is to eliminate abusive practices in the
collection of consumer debts and to promote fair debt collection. A
debt collector under the FDCPA includes any person who regularly
collects or attempts to collect, directly or indirectly, debts owed
or due or asserted to be owed or due to another. Prohibited acts
include making harassing phone calls, communicating with the
consumer at her or his place of employment, and misrepresenting the
amount of debt owed.
