Is there a law that protects businesses from harassing creditors?

I am familiar with The Fair Debt Collection Practices Act for consumers. Is there a law in California that protects businesses from the same harassment from collection agencies (phone calls at unusual hours, calling business vendors notifying them of debt)?

Thank you in advance for your assistance.

I asked my girlfriend who is in consumer credit, here is what she wrote me:

There are many laws and regulations in the way of consumer credit. Many times though the line is not clear because of personal guarantees and proprietorships. The best idea is to use caution and follow the consumer laws. It is also important to document everything.

Most of the time using good judgment will keep you out of trouble. Don't make threats, if you say that you are going to do something you must follow through on it otherwise the customer can say you are harassing them. Such in the case of sending a 10 day demand letter stating that they will be turned over to collections if payment is not received within 10 days. Once you say this you must follow through.


The following is out of the Manual of Credit & Commercial Laws 98th Edition from the NACM

The FCC released a public notice (70-609) reminding creditors that it is in violation of the telephone company's tariff to use the phone, including fax, and email to frighten, torment or harass another. Practices are within the scope of this prohibition are:

Calls to debtors at odd hours of the day or night
Repeated calls
Calls making threats to friends, neighbors, relatives & children
Calls falsely asserting that credit ratings will be hurt
Calls stating that legal process is about to be served
Calls demanding payment for amounts not owed
Calls to place of employment
Calls after a debtor demands the calls stop
Calls after a claim cannot be verified or substantiated
Numerous faxes and emails

Some of the practices condemned by state laws are

Threats of violence or other criminal means to cause harm to the person, property or reputation of the debtor
False accusation of fraud
Threat to see or assign the claim, resulting in a loss of any defense by the debtor
Threat of arrest
Use of profane or obscene language
Telephone calls that do not disclose the identity of the caller
Unreasonable publicity concerning the indebtedness
Use of any fraudulent, deceptive or misleading representations in seeking to collect claims such as, the debt collector represents an official agency
Use of any unfair or unconscionable means to collect claims, including the collection from the consumer of all or any part of the debt collector's fee or charges.

FDCPA should have applications for personal and business debt. For example, a creditor is just as wrong for calling a proprietor of a business after hours as he would if it was a personal loan.

Now as far as giving notification to other vendors about the debt. Do not confuse vendors sharing credit information in the form of credit references with general unsolicted information distribution. Creditors are allowed to give each other reference information. Also, large information companies such as Equifax and the National Association of Credit Managers (NACM) keep data on business supplied by their member companies. It is completely legal.