The California Self Storage Association (CSSA) has issued a legal alert regarding The Rosenthal Fair Debt Collection Practices Act, which could affect self-storage operators this year. Passed in 2020, it’s being used by attorneys to file lawsuits against businesses that are considered non-compliant, including California and Florida self-storage operations, the email stated.
The Rosenthal Act is a California law that governs debt-collection agency practices for personal debts, including how and when a collector may contact an individual about money allegedly owed. The primary difference between it and the federal Fair Debt Collection Practices Act is that it’s broader and applies to original creditors in addition to third-party collectors, according to the CSSA.
Rosenthal pertains to any person who, as part of their ordinary course of business, engages in debt collection, which it broadly defines as “any practice or act in connection with the collection of consumer debts.” It also covers those who write or sell forms, letters and other media intended to be used for debt collection. Attorneys must also comply.
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Although there are limited exceptions, debt collectors including self-storage property managers must comply by meeting the following requirements:
They must adhere to specific hours and methods for contacting a debtor.
They must adhere to language restrictions when attempting to collect a debt.
They must avoid misrepresentation.
Collectors are forbidden to communicate with the debtor’s employer or family.
They must protect the confidentiality of the debtor and debt.
The collector should ascertain if the debt has been discharged due to bankruptcy or another reason.
The CSSA recommends that self-storage operators review their policy and practices for contacting past-due customers. To be safe, the association suggests they immediately limit all electronic communications including texts, emails, and robo and manual phone calls to reasonable business hours such as 8 a.m. to 8 p.m. daily. Finally, it advises operators to consult with their attorney about modifications to their debt-collection practices to avoid lawsuits.
CSSA is a nonprofit trade association dedicated to supporting the self-storage industry in California. The group offers educational events, networking opportunities, legislative advocacy and more.
ISS Staff
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