DFPI takes action against five debt collectors

State Issues Licensing DFPI California Debt Collection CCFPL Consumer Finance

On January 30, the California Department of Financial Protection and Innovation (DFPI) announced enforcement actions against five separate debt collectors for unlicensed activity under the Debt Collection Licensing Act (DCLA) and unlawful and deceptive acts or practices in violation of the California Consumer Financial Protection Law (CCFPL). According to DFPI, the desist and refrain orders allege that the subjects engaged in a variety of different unlawful and deceptive practices, including, among other things: (i) engaging in debt collection in California without a license from the DFPI; (ii) attempting to collect a debt that a consumer did not owe; (iii) making unlawful threats to sue on debts; (iv) making false claims of pending lawsuits; and (v) failing to notify consumers of their right to request validation of debts. According to DFPI Commissioner Clothilde Hewlett, the agency has observed “an increase in fake debt collector scams in recent months,” and is “committed to rigorous, ongoing enforcement efforts to protect Californians from these deceitful practices.” The combined actions resulted in penalties totaling $120,000 and ordered the debt collectors to desist and refrain from violating the DCLA and CCFPL.