" '[T]he purpose of Congress is the ultimate touchstone in every pre-emption case.' Altria Grp., Inc. v. Good, 555 U.S. 70, 76 . . . (2008) (citing Medtronic, Inc. v. Lohr, 518 U.S. 470, 485 . . .(1996)). 'The FDCPA was enacted as a broad remedial statute designed to "eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses." ' Gonzales v. Arrow Fin. Services, LLC, 660 F.3d 1055, 1060 (9th Cir. 2011) (quoting 15 U.S.C. § 1692(e)). The Act's purpose is 'to protect vulnerable and [*13]unsophisticated debtors from abuse, {**76 Misc 3d at 742}harassment, and deceptive debt collection practices.' Guerrero v. RJM Acquisitions LLC, 499 F.3d 926, 938 (9th Cir. 2007) . . . And the 'FDCPA protects all consumers, the gullible as well as the shrewd . . . the ignorant, the unthinking and the credulous.' Clark v. Capital Credit & Collection Servs., Inc., 460 F.3d 1162, 1171 (9th Cir. 2006) (quoting Clomon v. Jackson, 988 F.2d 1314, 1318-19 (2d Cir. 1993)).
"In order to achieve these goals, the Act regulates communication between debt collectors and debtors, 15 U.S.C. §§ 1692b, c, g, and creates a federal cause of action for debtors under 15 U.S.C. § 1692k. Debt collectors may be subject to civil liability for engaging in harassment or abuse, 15 U.S.C. § 1692d, making false or misleading representations of various sorts, 15 U.S.C. §§ 1692e, j, or engaging in unfair practices while attempting to collect debt, 15 U.S.C. § 1692f." (Arellano v Clark County Collection Serv., LLC, 875 F3d at 1216-1217 [emphasis added].)