Docstoc

Fair Debt Collection Practices Act

Document Sample
Fair Debt Collection Practices Act Powered By Docstoc
					                     FAIR DEBT COLLECTION PRACTICES ACT
§ 1692.      Congressional   findings   and                      (3) The term "consumer" means any
             declaration     of     purpose                natural person obligated or allegedly
             [Section 802 of P.L.]                         obligated to pay any debt.

      (a) There is abundant evidence of                          (4) The term "creditor" means any
the use of abusive, deceptive, and unfair                  person who offers or extends credit
debt collection practices by many debt                     creating a debt or to whom a debt is
collectors.   Abusive   debt    collection                 owed, but such term does not include any
practices contribute to the number of                      person to the extent that he receives an
personal    bankruptcies,    to    marital                 assignment or transfer of a debt in
instability, to the loss of jobs, and to                   default   solely  for   the  purpose  of
invasions of individual privacy.                           facilitating collection of such debt for
                                                           another.
      (b) Existing laws and procedures
for   redressing   these   injuries are                          (5) The term "debt" means any
inadequate to protect consumers.                           obligation or alleged obligation of a
                                                           consumer to pay money arising out of a
      (c)      Means      other    than                    transaction in which the money, property,
misrepresentation or other abusive debt                    insurance, or services which are the
collection practices are available for                     subject of the transaction are primarily
the effective collection of debts.                         for   personal,   family,   or  household
                                                           purposes, whether or not such obligation
      (d)    Abusive     debt     collection               has been reduced to judgment.
practices are carried on to a substantial
extent in interstate commerce and through                         (6) The term "debt collector" means
means   and  instrumentalities     of   such               any person who uses any instrumentality
commerce.     Even   where abusive debt                    of interstate commerce or the mails in
collection     practices      are     purely               any business the principal purpose of
intrastate      in     character,       they               which is the collection of any debts, or
nevertheless directly affect interstate                    who regularly collects or attempts to
commerce.                                                  collect, directly or indirectly, debts
                                                           owed or due or asserted to be owed or due
      (e) It is the purpose of this                        another. Notwithstanding the exclusion
subchapter to eliminate abusive debt                       provided by clause (F) of the last
collection practices by debt collectors,                   sentence of this paragraph, the term
to insure that those debt collectors who                   includes any creditor who, in the process
refrain    from    using    abusive    debt                of collecting his own debts, uses any
collection      practices      are      not                name other than his own which would
competitively    disadvantaged,    and   to                indicate    that   a   third   person   is
promote   consistent    State   action   to                collecting or attempting to collect such
protect consumers against debt collection                  debts.
abuses.                                                    For the purpose of section 1692f(6) of
                                                           this title, such term also includes any
                                                           person who uses any instrumentality of
§ 1692a.     Definitions      [Section    803   of         interstate commerce or the mails in any
             P.L.]                                         business the principal purpose of which
                                                           is the enforcement of security interests.
      As used in this subchapter--                         The term does not include--

      (1) The term "Commission" means the                         (A)     any officer or employee of a
Federal Trade Commission.                                                 creditor while, in the name
                                                                          of the creditor, collecting
      (2) The term "communication" means                                  debts for such creditor;
the conveying of information regarding a
debt directly or indirectly to any person                         (B)     any person while acting as a
through any medium.                                                       debt collector for another
                                                                          person, both of whom are



      The Law Office of Dale W. Pittman, The Eliza Spotswood House, 112-A West Tabb Street, Petersburg,
      Virginia 23803-3212, Telephone (804) 861-6000 Facsimile (804) 861-3368 dale@pittmanlawoffice.com
              related by common ownership                   telephone number at such place, or his
              or affiliated by corporate                    place of employment.
              control, if the person acting
              as a debt collector does so                         (8) The term "State" means any
              only for persons to whom it                   State, territory, or possession of the
              is so related or affiliated                   United States, the District of Columbia,
              and if the principal business                 the Commonwealth of Puerto Rico, or any
              of such person is not the                     political subdivision of any of the
              collection of debts;                          foregoing.

      (C)     any officer or employee of
              the United States or any                      § 1692b.       Acquisition        of    location
              State to the extent that                                     information      [Section 804 of
              collecting or attempting to                                  P.L.]
              collect any debt is in the
              performance of his official                         Any debt collector communicating
              duties;                                       with any person other than the consumer
                                                            for the purpose of acquiring location
      (D)     any person while serving or                   information about the consumer shall--
              attempting   to serve legal
              process on any other person                         (1) identify himself, state that he
              in    connection  with  the                   is confirming or correcting location
              judicial enforcement of any                   information concerning the consumer, and,
              debt;                                         only if expressly requested, identify his
                                                            employer;
      (E)     any   nonprofit   organization
              which, at the request of                            (2) not state          that   such   consumer
              consumers, performs bona fide                 owes any debt;
              consumer   credit   counseling
              and assists consumers in the                         (3) not communicate with any such
              liquidation of their debts by                 person more than once unless requested to
              receiving payments from such                  do so by such person or unless the debt
              consumers   and   distributing                collector reasonably believes that the
              such amounts to creditors;                    earlier   response  of   such person is
              and                                           erroneous or incomplete and that such
                                                            person   now  has  correct or complete
      (F)     any   person   collecting    or               location information;
              attempting   to collect any
              debt owed or due or asserted                          (4) not communicate by post card;
              to be owed or due another to
              the extent such activity (i)                        (5) not use any language or symbol
              is incidental to a bona fide                  on any envelope or in the contents of any
              fiduciary   obligation or a                   communication effected by the mails or
              bona fide escrow arrangement;                 telegram that indicates that the debt
              (ii) concerns a debt which                    collector is in the debt collection
              was    originated    by    such               business   or   that   the  communication
              person; (iii) concerns a debt                 relates to the collection of a debt; and
              which was not in default at
              the time it was obtained by                         (6) after the debt collector knows
              such person; or (iv) concerns                 the   consumer   is   represented   by  an
              a   debt   obtained   by   such               attorney with regard to the subject debt
              person as a secured party in                  and has knowledge of, or can readily
              a       commercial       credit               ascertain,   such   attorney's   name  and
              transaction    involving    the               address, not communicate with any person
              creditor.                                     other than that attorney, unless the
                                                            attorney   fails   to  respond within a
      (G)     Redesignated (F).                             reasonable     period     of    time    to
                                                            communication from the debt collector.
      (7) The term "location information"
means a consumer's place of abode and his


The Law Office of Dale W. Pittman, The Eliza Spotswood House, 112-A West Tabb Street, Petersburg, Virginia 23803-
               3212, Telephone (804) 861-6000 Facsimile (804) 861-3368 dale@pittmanlawoffice.com
§ 1692c.      Communication in connection                   remedy,   a   debt   collector  may   not
              with debt collection [Section                 communicate,   in  connection  with   the
              805 of P.L.]                                  collection of any debt, with any person
                                                            other than the consumer, his attorney, a
      (a) Communication with the consumer                   consumer reporting agency if otherwise
generally--Without the prior consent of                     permitted by law, the creditor, the
the consumer given directly to the debt                     attorney of the creditor, or the attorney
collector or the express permission of a                    of the debt collector.
court of competent jurisdiction, a debt
collector may not communicate with a                              (c)   Ceasing communication--If a
consumer    in   connection   with    the                   consumer notifies a debt collector in
collection of any debt--                                    writing that the consumer refuses to pay
                                                            a debt or that the consumer wishes the
      (1)     at any unusual time or place                  debt    collector   to    cease   further
              or a time or place known or                   communication with the consumer, the debt
              which should be known to be                   collector shall not communicate further
              inconvenient to the consumer.                 with the consumer with respect to such
              In the absence of knowledge                   debt, except--
              of    circumstances    to   the
              contrary, a debt collector                            (1)    to advise the consumer that
              shall     assume    that    the                              the debt collector's further
              convenient        time      for                              efforts are being terminated;
              communicating with a consumer
              is      after     8     o'clock                       (2)    to notify the consumer that
              antimeridian    and before 9                                 the    debt    collector    or
              o'clock postmeridian, local                                  creditor may invoke specified
              time     at   the    consumer's                              remedies which are ordinarily
              location;                                                    invoked     by    such    debt
                                                                           collector or creditor; or
      (2)     if the debt collector knows
              the consumer is represented                           (3)    where applicable, to notify
              by an attorney with respect                                  the consumer that the debt
              to   such    debt    and   has                               collector or creditor intends
              knowledge of, or can readily                                 to invoke a specified remedy.
              ascertain,   such   attorney's
              name and address, unless the                  If such notice from the consumer is made
              attorney   fails to respond                   by mail, notification shall be complete
              within a reasonable period of                 upon receipt.
              time to a communication from
              the debt collector or unless                        (d) Definitions--For the purpose of
              the   attorney   consents   to                this   section,   the   term   "consumer"
              direct communication with the                 includes the consumer's spouse, parent
              consumer; or                                  (if the consumer is a minor), guardian,
                                                            executor, or administrator.
      (3)     at the consumer's place of
              employment    if   the   debt
              collector knows or has reason                 § 1692d.       Harassment or abuse [Section
              to know that the consumer's                                  806 of P.L.]
              employer     prohibits    the
              consumer from receiving such                        A debt collector may not engage in
              communication.                                any conduct the natural consequence of
                                                            which is to harass, oppress, or abuse any
      (b)    Communication   with   third                   person in connection with the collection
parties--Except as provided in section                      of a debt. Without limiting the general
1692b of this title, without the prior                      application   of   the   foregoing,   the
consent of the consumer given directly to                   following conduct is a violation of this
the  debt   collector,   or the express                     section:
permission   of  a   court of competent
jurisdiction, or as reasonably necessary                          (1) The use or threat of use of
to effectuate a postjudgment judicial                       violence or other criminal means to harm


The Law Office of Dale W. Pittman, The Eliza Spotswood House, 112-A West Tabb Street, Petersburg, Virginia 23803-
               3212, Telephone (804) 861-6000 Facsimile (804) 861-3368 dale@pittmanlawoffice.com
the   physical  person,         reputation,       or        implication that any individual is                 an
property of any person.                                     attorney or that any communication                 is
                                                            from an attorney.
      (2) The use of obscene or profane
language   or    language the   natural                           (4)     The    representation    or
consequence of which is to abuse the                        implication that nonpayment of any debt
hearer or reader.                                           will result in the arrest or imprisonment
                                                            of   any    person    or   the   seizure,
       (3) The publication of a list of                     garnishment, attachment, or sale of any
consumers who allegedly refuse to pay                       property or wages of any person unless
debts, except to a consumer reporting                       such action is lawful and the debt
agency    or  to   persons  meeting  the                    collector or creditor intends to take
requirements   of   section 1681a(f)  or                    such action.
1681b(3) of this title.
                                                                  (5) The threat to take any action
      (4) The advertisement for sale of                     that cannot legally be taken or that is
any debt to coerce payment of the debt.                     not intended to be taken.

      (5) Causing a telephone to ring or                          (6) The false representation or
engaging   any    person   in    telephone                  implication that a sale, referral, or
conversation repeatedly or continuously                     other transfer of any interest in a debt
with intent to annoy, abuse, or harass                      shall cause the consumer to--
any person at the called number.
                                                                    (A)    lose any claim or defense to
      (6) Except as provided in section                                    payment of the debt; or
1692b of this title, the placement of                               (B)    become    subject    to  any
telephone    calls   without   meaningful                                  practice prohibited by this
disclosure of the caller's identity.                                       subchapter.

                                                                  (7) The false representation or
§ 1692e.      False      or            misleading           implication that the consumer committed
              representations       [Section 807            any crime or other conduct in order to
              of P.L.]                                      disgrace the consumer.

       A debt collector may not use any                           (8) Communicating or threatening to
false,     deceptive,    or    misleading                   communicate   to    any    person   credit
representation or means in connection                       information which is known or which
with the collection of any debt. Without                    should be known to be false, including
limiting the general application of the                     the   failure  to   communicate   that   a
foregoing, the following conduct is a                       disputed debt is disputed.
violation of this section:
                                                                  (9) The use or distribution of any
      (1) The false representation or                       written communication which simulates or
implication that the debt collector is                      is falsely represented to be a document
vouched for, bonded by, or affiliated                       authorized, issued, or approved by any
with the United States or any State,                        court, official, or agency of the United
including the use of any badge, uniform,                    States or any State, or which creates a
or facsimile thereof.                                       false  impression   as  to its   source,
                                                            authorization, or approval.
      (2) The false representation of--
                                                                  (10)   The   use    of    any   false
      (A)     the  character, amount, or                    representation or deceptive means to
              legal status of any debt; or                  collect or attempt to collect any debt or
      (B)     any   services   rendered  or                 to   obtain   information    concerning   a
              compensation   which may be                   consumer.
              lawfully received by any debt
              collector for the collection                        (11) The failure to disclose in the
              of a debt.                                    initial written communication with the
                                                            consumer and, in addition, if the initial
      (3)    The   false     representation       or        communication with the consumer is oral,


The Law Office of Dale W. Pittman, The Eliza Spotswood House, 112-A West Tabb Street, Petersburg, Virginia 23803-
               3212, Telephone (804) 861-6000 Facsimile (804) 861-3368 dale@pittmanlawoffice.com
in that initial oral communication, that                    or instrument not more than ten nor less
the debt collector is attempting to                         than three business days prior to such
collect a debt and that any information                     deposit.
obtained will be used for that purpose,
and the failure to disclose in subsequent                         (3) The solicitation by a debt
communications that the communication is                    collector of any postdated check or other
from a debt collector, except that this                     postdated payment instrument for the
paragraph shall not apply to a formal                       purpose of threatening or instituting
pleading made in connection with a legal                    criminal prosecution.
action.
                                                                  (4) Depositing or threatening to
       (12) The false representation or                     deposit any postdated check or other
implication   that  accounts have   been                    postdated payment instrument prior to the
turned over to innocent purchasers for                      date on such check or instrument.
value.
                                                                  (5) Causing charges to be made to
      (13) The false representation or                      any   person    for   communications  by
implication that documents are legal                        concealment of the true purpose of the
process.                                                    communication. Such charges include, but
                                                            are not limited to, collect telephone
      (14) The use of any business,                         calls and telegram fees.
company, or organization name other than
the true name of the debt collector's                             (6) Taking or threatening to take
business, company, or organization.                         any   nonjudicial   action   to   effect
                                                            dispossession or disablement of property
      (15) The false representation or                      if--
implication that documents are not legal
process forms or do not require action by                           (A)    there is no present right to
the consumer.                                                              possession of the property
                                                                           claimed as collateral through
      (16) The false representation or                                     an    enforceable    security
implication   that   a  debt  collector                                    interest;
operates or is employed by a consumer
reporting agency as defined by section                              (B)    there is no present intention
1681a(f) of this title.                                                    to take possession of the
                                                                           property; or

§ 1692f.      Unfair practices [Section 808                         (C)    the property is exempt by law
              of P.L.]                                                     from such dispossession or
                                                                           disablement.
      A debt collector may not use unfair
or unconscionable means to collect or                             (7) Communicating with a consumer
attempt to collect any debt. Without                        regarding a debt by post card.
limiting the general application of the
foregoing, the following conduct is a                             (8) Using any language or symbol,
violation of this section:                                  other than the debt collector's address,
                                                            on any envelope when communicating with a
      (1) The collection of any amount                      consumer by use of the mails or by
(including any interest, fee, charge, or                    telegram, except that a debt collector
expense   incidental  to   the   principal                  may use his business name if such name
obligation)   unless   such    amount   is                  does not indicate that he is in the debt
expressly authorized by the agreement                       collection business.
creating the debt or permitted by law.

      (2)  The   acceptance  by a debt                      § 1692g.       Validation of debts [Section
collector from any person of a check or                                    809 of P.L.]
other payment instrument postdated by
more than five days unless such person is                   Notice of debt; contents
notified   in   writing   of   the   debt
collector's intent to deposit such check                            (a)   Within     five    days    after    the


The Law Office of Dale W. Pittman, The Eliza Spotswood House, 112-A West Tabb Street, Petersburg, Virginia 23803-
               3212, Telephone (804) 861-6000 Facsimile (804) 861-3368 dale@pittmanlawoffice.com
initial communication with a consumer in                    name   and   address   of   the  original
connection with the collection of any                       creditor, and a copy of such verification
debt, a debt collector shall, unless the                    or judgment, or name and address of the
following information is contained in the                   original creditor, is mailed to the
initial communication or the consumer has                   consumer by the debt collector.
paid the debt, send the consumer a
written notice containing--                                 Admission of liability

      (1)     the amount of the debt;                             (c) The failure of a consumer to
                                                            dispute the validity of a debt under this
      (2)     the name of the creditor to                   section may not be construed by any court
              whom the debt is owed;                        as an admission of liability by the
                                                            consumer.
      (3)     a statement that unless the
              consumer, within thirty days
              after receipt of the notice,                  § 1692h.       Multiple     debts    [Section     810
              disputes the validity of the                                 of P.L.]
              debt, or any portion thereof,
              the debt will be assumed to                         If any consumer owes multiple debts
              be   valid   by    the   debt                 and makes any single payment to any debt
              collector;                                    collector with respect to such debts,
                                                            such debt collector may not apply such
      (4)     a   statement   that    if  the               payment to any debt which is disputed by
              consumer notifies the debt                    the consumer and, where applicable, shall
              collector in writing within                   apply such payment in accordance with the
              the thirty-day period that                    consumer's directions.
              the debt, or any portion
              thereof,   is disputed, the
              debt collector will obtain                    § 1692i.       Legal    actions  by   debt
              verification of the debt or a                                collectors [Section 811 of
              copy of a judgment against                                   P.L.]
              the consumer and a copy of
              such verification or judgment                       (a) Any debt collector who brings
              will    be   mailed     to  the               any legal action on a debt against any
              consumer     by     the    debt               consumer shall--
              collector; and
                                                                    (1)    in the case of an action to
      (5)     a statement that, upon the                                   enforce an interest in real
              consumer's   written    request                              property      securing    the
              within the thirty-day period,                                consumer's obligation, bring
              the   debt    collector    will                              such   action    only  in    a
              provide the consumer with the                                judicial district or similar
              name   and  address    of   the                              legal entity in which such
              original     creditor,       if                              real property is located; or
              different from the current
              creditor.                                             (2)    in the case of an action not
                                                                           described in paragraph (1),
Disputed debts                                                             bring such action only in the
                                                                           judicial district or similar
      (b) If the consumer notifies the                                     legal entity--
debt collector in writing within the
thirty-day period described in subsection                                  (A)     in which such consumer
(a) of this section that the debt, or any                                          signed   the  contract
portion thereof, is disputed, or that the                                          sued upon; or
consumer requests the name and address of
the original creditor, the debt collector                                  (B)     in which such consumer
shall cease collection of the debt, or                                             resides      at    the
any disputed portion thereof, until the                                            commencement    of the
debt collector obtains verification of                                             action.
the debt or a copy of a judgment, or the


The Law Office of Dale W. Pittman, The Eliza Spotswood House, 112-A West Tabb Street, Petersburg, Virginia 23803-
               3212, Telephone (804) 861-6000 Facsimile (804) 861-3368 dale@pittmanlawoffice.com
      (b) Nothing in this subchapter                                               other   class   members,
shall be construed to authorize the                                                without   regard to a
bringing   of legal actions by  debt                                               minimum       individual
collectors.                                                                        recovery, not to exceed
                                                                                   the lesser of $500,000
                                                                                   or 1 per centum of the
§ 1692j.          Furnishing certain deceptive                                     net worth of the debt
                  forms [Section 812 of P.L.]                                      collector; and

      (a) It is unlawful to design,                                  (3)   in the case of any successful
compile, and furnish any form knowing                                      action    to    enforce    the
that such form would be used to create                                     foregoing    liability,    the
the false belief in a consumer that a                                      costs of the action, together
person other than the creditor of such                                     with a reasonable attorney's
consumer   is    participating   in   the                                  fee as determined by the
collection of or in an attempt to collect                                  court.   On a finding by the
a debt such consumer allegedly owes such                                   court that an action under
creditor, when in fact such person is not                                  this section was brought in
so participating.                                                          bad faith and for the purpose
                                                                           of harassment, the court may
      (b) Any person who violates this                                     award   to    the    defendant
section shall be liable to the same                                        attorney's fees reasonable in
extent and in the same manner as a debt                                    relation to the work expended
collector is liable under section 1692k                                    and costs.
of this title for failure to comply with
a provision of this subchapter.                             Factors considered by court

                                                                  (b) In determining the amount of
§ 1692k.          Civil liability [Section 813              liability in any action under subsection
                  of P.L.]                                  (a), the court shall consider, among
                                                            other relevant factors--
Amount of damages
                                                                     (1)   in   any   individual  action
      (a) Except as otherwise provided by                                  under subsection (a)(2)(A),
this section, any debt collector who                                       the frequency and persistence
fails to comply with any provision of                                      of noncompliance by the debt
this subchapter with respect to any                                        collector, the nature of such
person is liable to such person in an                                      noncompliance, and the extent
amount equal to the sum of--                                               to which such noncompliance
                                                                           was intentional; or
      (1)         any actual damage sustained
                  by such person as a result of                      (2)   in any class action under
                  such failure;                                            subsection (a)(2)(B) of this
                                                                           section, the frequency and
      (2)(A)           in the case of any                                  persistence of noncompliance
                       action      by       an                             by the debt collector, the
                       individual,        such                             nature of such noncompliance,
                       additional damages as                               the resources of the debt
                       the court may allow,                                collector,   the  number   of
                       but    not    exceeding                             persons adversely affected,
                       $1,000; or                                          and the extent to which the
                                                                           debt              collector's
            (B)        in the case of a class                              noncompliance             was
                       action, (i) such amount                             intentional.
                       for      each     named
                       plaintiff as could be                Intent
                       recovered         under
                       subparagraph (A), and                      (c) A debt collector may not be
                       (ii) such amount as the              held liable in any action brought under
                       court may allow for all              this subchapter if the debt collector


The Law Office of Dale W. Pittman, The Eliza Spotswood House, 112-A West Tabb Street, Petersburg, Virginia 23803-
               3212, Telephone (804) 861-6000 Facsimile (804) 861-3368 dale@pittmanlawoffice.com
shows by a preponderance of evidence that
the violation was not intentional and                       Applicable provisions of law
resulted   from   a   bona   fide    error
notwithstanding   the    maintenance    of                        (b)     Compliance     with     any
procedures reasonably adapted to avoid                      requirements    imposed     under    this
any such error.                                             subchapter shall be enforced under--
Jurisdiction
                                                                    (1)    section 8 of the Federal
      (d)   An  action  to enforce any                                     Deposit Insurance Act, in the
liability created by this subchapter may                                   case of--
be brought in any appropriate United
States district court without regard to                                    (A)     national    banks,         and
the amount in controversy, or in any                                               Federal   branches         and
other court of competent jurisdiction,                                             Federal   agencies          of
within one year from the date on which                                             foreign banks, by          the
the violation occurs.                                                              Office       of            the
                                                                                   Comptroller     of         the
Advisory opinions of Commission                                                    Currency;

      (e) No provision of this section                                     (B)     member   banks of the
imposing any liability shall apply to any                                          Federal Reserve System
act done or omitted in good faith in                                               (other    than    national
conformity with any advisory opinion of                                            banks),     branches   and
the   Commission,   notwithstanding  that                                          agencies     of    foreign
after such act or omission has occurred,                                           banks      (other     than
such opinion is amended, rescinded, or                                             Federal          branches,
determined by judicial or other authority                                          Federal agencies, and
to be invalid for any reason.                                                      insured State branches
                                                                                   of    foreign      banks),
                                                                                   commercial         lending
§ 1692l.      Administrative    enforcement                                        companies      owned    or
              [Section 814 of P.L.]                                                controlled by foreign
                                                                                   banks,                 and
Federal Trade Commission                                                           organizations operating
                                                                                   under   section 25 or
      (a) Compliance with this subchapter                                          25(a) of the Federal
shall be enforced by the Commission,                                               Reserve    Act, by the
except to the extent that enforcement of                                           Board of Governors of
the   requirements  imposed   under  this                                          the    Federal     Reserve
subchapter is specifically committed to                                            System; and
another agency under subsection (b) of
this section. For purpose of the exercise                                  (C)     banks insured by the
by the Commission of its functions and                                             Federal          Deposit
powers under the Federal Trade Commission                                          Insurance    Corporation
Act, a violation of this subchapter shall                                          (other than members of
be deemed an unfair or deceptive act or                                            the   Federal    Reserve
practice in violation of that Act.    All                                          System)    and   insured
of the functions and powers of the                                                 State     branches    of
Commission   under   the   Federal  Trade                                          foreign banks, by the
Commission Act     are available to the                                            Board of Directors of
Commission to enforce compliance by any                                            the   Federal    Deposit
person with this subchapter, irrespective                                          Insurance Corporation;
of whether that person is engaged in
commerce     or    meets     any    other                           (2)    section 8 of the Federal
jurisdictional tests in the Federal Trade                                  Deposit   Insurance Act [12
Commission Act, including the power to                                     U.S.C.   §   1818],  by   the
enforce the provisions of this subchapter                                  Director of the Office of
in the same manner as if the violation                                     Thrift Supervision, in the
had been a violation of a Federal Trade                                    case of a savings association
Commission trade regulation rule.                                          the deposits of which are


The Law Office of Dale W. Pittman, The Eliza Spotswood House, 112-A West Tabb Street, Petersburg, Virginia 23803-
               3212, Telephone (804) 861-6000 Facsimile (804) 861-3368 dale@pittmanlawoffice.com
              insured   by         the     Federal                (d) Neither the Commission nor any
              Deposit                    Insurance          other agency referred to in subsection
              Corporation;                                  (b) of this section may promulgate trade
                                                            regulation rules or other regulations
      (3)     the Federal Credit Union Act,                 with respect to the collection of debts
              by the National Credit Union                  by debt collectors as defined in this
              Administration with respect                   subchapter.
              to any Federal credit union;

      (4)     subtitle IV of Title 49, by                   § 1692m.       Reports to Congress by the
              the    Interstate    Commerce                                Commission [Section 815 of
              Commission with respect to                                   P.L.]
              any common carrier subject to
              such subtitle;                                      (a) Not later than one year after
                                                            the effective date of this subchapter and
      (5)     the Federal Aviation Act of                   at one-year intervals thereafter, the
              1958, by the Secretary of                     Commission shall make reports to the
              Transportation with respect                   Congress concerning the administration of
              to any air carrier or any                     its functions under this subchapter,
              foreign air carrier subject                   including such recommendations as the
              to that Act; and                              Commission      deems      necessary     or
                                                            appropriate. In addition, each report of
      (6)     the Packers and Stockyards                    the   Commission     shall    include   its
              Act, 1921 (except as provided                 assessment   of   the   extent    to  which
              in section 406 of that Act),                  compliance with this subchapter is being
              by    the     Secretary    of                 achieved and a summary of the enforcement
              Agriculture with respect to                   actions taken by the Commission under
              any  activities subject to                    section 1692l of this title.
              that Act.
                                                                  (b)   In   the   exercise of  its
The terms used in paragraph (1) that are                    functions under this subchapter, the
not   defined  in   this   subchapter  or                   Commission may obtain upon request the
otherwise defined in section 3(s) of the                    views of any other Federal agency which
Federal Deposit Insurance Act (12 U.S.C.                    exercises  enforcement functions under
1813(s)) shall have the meaning given to                    section 1692l of this title.
them in section 1(b) of the International
Banking Act of 1978 (12 U.S.C. 3101).
                                                            § 1692n.       Relation    to   State           laws
Agency powers                                                              [Section 816 of P.L.]
      (c) For the purpose of the exercise                         This subchapter does not annul,
by any agency referred to in subsection                     alter, or affect, or exempt any person
(b) of this section of its powers under                     subject   to   the   provisions  of  this
any Act referred to in that subsection, a                   subchapter from complying with the laws
violation of any requirement imposed                        of any State with respect to debt
under this subchapter shall be deemed to                    collection   practices,   except  to  the
be a violation of a requirement imposed                     extent that those laws are inconsistent
under that Act. In addition to its powers                   with any provision of this subchapter,
under any provision of law specifically                     and then only to the extent of the
referred to in subsection (b) of this                       inconsistency.     For purposes of this
section, each of the agencies referred to                   section, a State law is not inconsistent
in that subsection may exercise, for the                    with this subchapter if the protection
purpose of enforcing compliance with any                    such law affords any consumer is greater
requirement imposed under this subchapter                   than the protection provided by this
any other authority conferred on it by                      subchapter.
law, except as provided in subsection (d)
of this section.
                                                            § 1692o.       Exemption          for         State
Rules and Regulations                                                      regulation      [Section     817 of



The Law Office of Dale W. Pittman, The Eliza Spotswood House, 112-A West Tabb Street, Petersburg, Virginia 23803-
               3212, Telephone (804) 861-6000 Facsimile (804) 861-3368 dale@pittmanlawoffice.com
              P.L.]

      The Commission shall by regulation
exempt from the requirements of this
subchapter any class of debt collection
practices   within   any   State  if   the
Commission determines that under the law
of   that  State   that   class  of   debt
collection   practices   is   subject   to
requirements   substantially similar to
those imposed by this subchapter, and
that there is adequate provision for
enforcement.




The Law Office of Dale W. Pittman, The Eliza Spotswood House, 112-A West Tabb Street, Petersburg, Virginia 23803-
               3212, Telephone (804) 861-6000 Facsimile (804) 861-3368 dale@pittmanlawoffice.com