Fair Debt Collection Practices Act
§ 801. Short title
This title may be cited as the "Fair Debt Collection Practices
Act".
[Codified to 15 U.S.C. 1601 note]
[Source: Section 801 of title VIII of the Act of May 29,
1968 (Pub. L. No. 90--321), as added by the Act of September 20, 1977
(Pub. L. No. 95--109; 91 Stat. 874), effective March 20,
1978]
§ 802. Findings and purpose
(a) There is abundant evidence of the use of abusive, deceptive,
and unfair debt collection practices by many debt collectors. Abusive
debt collection practices contribute to the number of personal
bankruptcies, to marital instability, to the loss of jobs, and to
invasions of individual privacy.
(b) Existing laws and procedures for redressing these injuries are
inadequate to protect consumers.
(c) Means other than misrepresentation or other abusive debt
collection practices are available for the effective collection of
debts.
(d) Abusive debt collection practices are carried on to a
substantial extent in interstate commerce and through means and
instrumentalities of such commerce. Even where abusive debt collection
practices are purely intrastate in character, they nevertheless
directly affect interstate commerce.
{{8-29-86 p.6617}}
(e) It is the purpose of this title 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.
[Codified to 15 U.S.C. 1692]
[Source: Section 802 of title VIII of the Act of May 29, 1968
(Pub. L. No. 90-321), as added by the Act of September 20, 1977 (Pub.
L. No. 95-109; 91 Stat. 874), effective March 20,
1978]
§ 803. Definitions
As used in this title--
(1) The term "Commission" means the Federal Trade
Commission.
(2) The term "communication" means the conveying of
information regarding a debt directly or indirectly to any person
through any medium.
(3) The term "consumer" means any natural person obligated
or allegedly obligated to pay any debt.
(4) The term "creditor" means any person who offers or
extends credit creating a debt or to whom a debt is owed, but such term
does not include any person to the extent that he receives an
assignment or transfer of a debt in default solely for the purpose of
facilitating collection of such debt for another.
(5) The term "debt" means any obligation or alleged
obligation of a consumer to pay money arising out of a transaction in
which the money, property, insurance, or services which are the subject
of the transaction are primarily for personal, family, or household
purposes, whether or not such obligation has been reduced to judgment.
(6) The term "debt collector" means any person who uses any
instrumentality of interstate commerce or the mails in any business the
principal purpose of which is the collection of any debts, or who
regularly collects or attempts to collect, directly or indirectly,
debts owed or due or asserted to be owed or due another.
Notwithstanding the exclusion provided by clause (F) of the last
sentence of this paragraph, the term includes any creditor who, in the
process of collecting his own debts, uses any name other than his own
which would indicate that a third person is collecting or attempting to
collect such debts. For the purpose of section 808(6), such term also
includes any person who uses any instrumentality of interstate commerce
or the mails in any business the principal purpose of which is the
enforcement of security interests. The term does not include--
(A) any officer or employee of a creditor while, in the name of
the creditor, collecting debts for such creditor;
(B) any person while acting as a debt collector for another
person, both of whom are related by common ownership or affiliated by
corporate control, if the person acting as a debt collector does so
only for persons to whom it is so related or affiliated and if the
principal business of such person is not the collection of debts;
(C) any officer or employee of the United States or any State to
the extent that collecting or attempting to collect any debt is in the
performance of his official duties;
(D) any person while serving or attempting to serve legal process
on any other person in connection with the judicial enforcement of any
debt;
(E) any nonprofit organization which, at the request of
consumers, performs bona fide consumer credit counseling and assists
consumers in the liquidation of their debts by receiving payments from
such consumers and distributing such amounts to creditors; and
(F) any person collecting or attempting to collect any debt owed
or due or asserted to be owed or due another to the extent such
activity (i) is incidental to a bona fide fiduciary obligation or a
bona fide escrow arrangement; (ii) concerns a debt which was originated
by such person; (iii) concerns a debt which was not in default at the
time it was obtained by such person; or (iv) concerns a debt obtained
by such person as a secured party in a commercial credit transaction
involving the creditor.
(7) The term "location information" means a consumer's
place of abode and his telephone number at such place, or his place of
employment.
{{8-29-86 p.6618}}
(8) The term "State" means any State, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any political subdivision of any of the
foregoing.
[Codified to 15 U.S.C. 1692a]
[Source: Section 803 of title VIII of the Act of May 29,
1968 (Pub. L. No. 90-321), as added by the Act of September 20, 1977
(Pub. L. No. 95-109; 91 Stat. 875), effective March 20, 1978; as
amended by the Act of July 9, 1986 (Pub. L. No. 99-361; 100 Stat. 768),
effective July 9, 1986]
§ 804. Acquisition of location information
Any debt collector communicating with any person other than the
consumer for the purpose of acquiring location information about the
consumer shall--
(1) identify himself, state that he is confirming or correcting
location information concerning the consumer, and, only if expressly
requested, identify his employer;
(2) not state that such consumer owes any debt;
(3) not communicate with any such person more than once unless
requested to do so by such person or unless the debt collector
reasonably believes that the earlier response of such person is
erroneous or incomplete and that such person now has correct or
complete location information;
(4) not communicate by post card;
(5) not use any language or symbol on any envelope or in the
contents of any communication effected by the mails or telegram that
indicates that the debt collector is in the debt collection business or
that the communication relates to the collection of a debt; and
(6) after the debt collector knows the consumer is represented by
an attorney with regard to the subject debt and has knowledge of, or
can readily ascertain, such attorney's name and address, not
communicate with any person other than that attorney, unless the
attorney fails to respond within a reasonable period of time to
communication from the debt collector.
[Codified to 15 U.S.C. 1692b]
[Source: Section 804 of title VIII of the Act of May 29,
1968 (Pub. L. No. 90-321), as added by the Act of September 20, 1977
(Pub. L. No. 95-109; 91 Stat. 876), effective March 20,
1978]
§ 805. Communication in connection with debt collection
(a) COMMUNICATION WITH THE CONSUMER GENERALLY. --Without
the prior consent of the consumer given directly to the debt collector
or the express permission of a court of competent jurisdiction, a debt
collector may not communicate with a consumer in connection with the
collection of any debt--
(1) at any unusual time or place or a time or place known or
which should be known to be inconvenient to the consumer. In the
absence of knowledge of circumstances to the contrary, a debt collector
shall assume that the convenient time for communicating with a consumer
is after 8 o'clock antimeridian and before 9 o'clock postmeridian,
local time at the consumer's location;
(2) if the debt collector knows the consumer is represented by an
attorney with respect to such debt and has knowledge of, or can readily
ascertain, such attorney's name and address, unless the attorney fails
to respond within a reasonable period of time to a communication from
the debt collector or unless the attorney consents to direct
communication with the consumer; or
(3) at the consumer's place of employment if the debt collector
knows or has reason to know that the consumer's employer prohibits the
consumer from receiving such communication.
(b) COMMUNICATION WITH THIRD PARTIES. --Except as
provided in section 804, without the prior consent of the consumer
given directly to the debt collector, or the express permission of a
court of competent jurisdiction, or as reasonably necessary to
effectuate a
{{4-30-97 p.6619}}postjudgment judicial
remedy, a debt collector may not communicate, in connection with the
collection of any debt, with any person other than the consumer, his
attorney, a consumer reporting agency if otherwise permitted by law,
the creditor, the attorney of the creditor, or the attorney of the debt
collector.
(c) CEASING COMMUNICATION.--If a consumer notifies a debt
collector in writing that the consumer refuses to pay a debt or that
the consumer wishes the debt collector to cease further communication
with the consumer, the debt collector shall not communicate further
with the consumer with respect to such debt, except--
(1) to advise the consumer that the debt collector's further
efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor
may invoke specified remedies which are ordinarily invoked by such debt
collector or creditor; or
(3) where applicable, to notify the consumer that the debt
collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification
shall be complete upon receipt.
(d) For the purpose of this section, the term "consumer"
includes the consumer's spouse, parent (if the consumer is a minor),
guardian, executor, or administrator.
[Codified to 15 U.S.C. 1692c]
[Source: Section 805 of title VIII of the Act of May 29, 1968
(Pub. L. No. 90-321), as added by the Act of September 20, 1977 (Pub.
L. No. 95-109; 91 Stat. 876), effective March 20,
1978]
§ 806. Harrassment or abuse
A debt collector may not engage in any conduct the natural
consequence of which is to harass, oppress, or abuse any person in
connection with the collection of a debt. Without limiting the general
application of the foregoing, the following conduct is a violation of
this section:
(1) The use or threat of use of violence or other criminal means
to harm the physical person, reputation, or property of any person.
(2) The use of obscene or profane language or language the
natural consequence of which is to abuse the hearer or reader.
(3) The publication of a list of consumers who allegedly refuse
to pay debts, except to a consumer reporting agency or to persons
meeting the requirements of section 603(f) or 604(3) of this Act.
(4) The advertisement for sale of any debt to coerce payment of
the debt.
(5) Causing a telephone to ring or engaging any person in
telephone conversation repeatedly or continuously with intent to annoy,
abuse, or harass any person at the called number.
(6) Except as provided in section 804, the placement of telephone
calls without meaningful disclosure of the caller's identity.
[Codified to 15 U.S.C. 1692d]
[Source: Section 806 of title VIII of the Act of May 29, 1968
(Pub. L. No. 90-321), as added by the Act of September 20, 1977 (Pub.
L. No. 95-109; 91 Stat. 877), effective March 20,
1978]
§ 807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading
representation or means in connection with the collection of any debt.
Without limiting the general application of the foregoing, the
following conduct is a violation of this section:
(1) The false representation or implication that the debt
collector is vouched for, bonded by, or affiliated with the United
States or any State, including the use of any badge, uniform, or
facsimile thereof.
(2) The false representation of--
{{4-30-97 p.6620}}
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully
received by any debt collector for the collection of a debt.
(3) The false representation or implication that any individual
is an attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any debt
will result in the arrest or imprisonment of any person or the seizure,
garnishment, attachment, or sale of any property or wages of any person
unless such action is lawful and the debt collector or creditor intends
to take such action.
(5) The threat to take any action that cannot legally be taken or
that is not intended to be taken.
(6) The false representation or implication that a sale,
referral, or other transfer of any interest in a debt shall cause the
consumer to--
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this title.
(7) The false representation or implication that the consumer
committed any crime or other conduct in order to disgrace the consumer.
(8) Communicating or threatening to communicate to any person
credit information which is known or which should be known to be false,
including the failure to communicate that a disputed debt is disputed.
(9) The use or distribution of any written communication which
simulates or is falsely represented to be a document authorized,
issued, or approved by any court, official, or agency of the United
States or any State, or which creates a false impression as to its
source, authorization, or approval.
(10) The use of any false representation or deceptive means to
collect or attempt to collect any debt or to obtain information
concerning a consumer.
(11) The failure to disclose in the initial written communication
with the consumer and, in addition, if the initial communication with
the consumer is oral, in that initial oral communication, that the debt
collector is attempting to collect a debt and that any information
obtained will be used for that purpose, and the failure to disclose in
subsequent communications that the communication is from a debt
collector, except that this paragraph shall not apply to a formal
pleading made in connection with a legal action.
(12) The false representation or implication that accounts have
been turned over to innocent purchasers for value.
(13) The false representation or implication that documents are
legal process.
(14) The use of any business, company, or organization name other
than the true name of the debt collector's business, company, or
organization.
(15) The false representation or implication that documents are
not legal process forms or do not require action by the consumer.
(16) The false representation or implication that a debt
collector operates or is employed by a consumer reporting agency as
defined by section 603(f) of this Act.
[Codified to 15 U.S.C. 1692e]
[Source: Section 807 of title VIII of the Act of May 29, 1968
(Pub. L. No. 90-321), as added by the Act of September 20, 1977 (Pub.
L. No. 95-109; 91 Stat. 877), effective March 20, 1978; as amended by
section 2305 of the Act of September 30, 1996, (Pub. L. No. 104-208;
110 Stat. 3009-425), effective December 29,
1996]
§ 808. Unfair practices
A debt collector may not use unfair or unconscionable means to
collect or attempt to collect any debt. Without limiting the general
application of the foregoing, the following conduct is a violation of
this section:
(1) The collection of any amount (including any interest, fee,
charge, or expense incidental to the principal obligation) unless such
amount is expressly authorized by the agreement creating the debt or
permitted by law.
{{4-30-97 p.6620.01}}
(2) The acceptance by a debt collector from any person of a check
or other payment instrument postdated by more than five days unless
such person is notified in writing of the debt collector's intent to
deposit such check or instrument not more than ten nor less than three
business days prior to such deposit.
(3) The solicitation by a debt collector of any postdated check
or other postdated payment instrument for the purpose of threatening or
instituting criminal prosecution.
{{10-31-07 p.6621}}
(4) Depositing or threatening to deposit any postdated check or
other postdated payment instrument prior to the date on such check or
instrument.
(5) Causing charges to be made to any person for communications
by concealment of the true purpose of the communication. Such charges
include, but are not limited to, collect telephone calls and telegram
fees.
(6) Taking or threatening to take any nonjudicial action to
effect dispossession or disablement of property if--
(A) there is no present right to possession of the property
claimed as collateral through an enforcable security interest;
(B) there is no present intention to take possession of the
property; or
(C) the property is exempt by law from such dispossession or
disablement.
(7) Communicating with a consumer regarding a debt by post card.
(8) Using any language or symbol, other than the debt collector's
address, on any envelope when communicating with a consumer by use of
the mails or by telegram, except that a debt collector may use his
business name if such name does not indicate that he is in the debt
collection business.
[Codified to 15 U.S.C. 1692f]
[Source: Section 808 of title VIII of the Act of May 29, 1968
(Pub. L. No. 90-321), as added by the Act of September 20, 1977 (Pub.
L. No. 95-109; 91 Stat. 879), effective March 20,
1978]
§ 809. Validation of debts
(a) Within five days after the initial communication with a
consumer in connection with the collection of any debt, a debt
collector shall, unless the following information is contained in the
initial communication or the consumer has paid the debt, send the
consumer a written notice containing--
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days
after receipt of the notice, disputes the validity of the debt, or any
portion thereof, the debt will be assumed to be valid by the debt
collector;
(4) a statement that if the consumer notifies the debt collector
in writing within the thirty-day period that the debt, or any portion
thereof, is disputed, the debt collector will obtain verification of
the debt or a copy of a judgment against the consumer and a copy of
such verification or judgment will be mailed to the consumer by the
debt collector; and
(5) a statement that, upon the consumer's written request within
the thirty-day period, the debt collector will provide the consumer
with the name and address of the original creditor, if different from
the current creditor.
(b) If the consumer notifies the debt collector in writing within
the thirty-day period described in subsection (a) that the debt, or any
portion thereof, is disputed, or that the consumer requests the name
and address of the original creditor, the debt collector shall cease
collection of the debt, or any disputed portion thereof, until the debt
collector obtains verification of the debt or a copy of a judgment, or
the name and address of the original creditor, and a copy of such
verification or judgment, or name and address of the original creditor,
is mailed to the consumer by the debt collector. Collection activities
and communications that do not otherwise violate this title may
continue during the 30-day period referred to in subsection (a) unless
the consumer has notified the debt collector in writing that the debt,
or any portion of the debt, is disputed or that the consumer requests
the name and address of the original creditor. Any collection
activities and communication during the 30-day period may not
overshadow or be inconsistent with the disclosure of the consumer's
right to dispute the debt or request the name and address of the
original creditor.
(c) The failure of a consumer to dispute the validity of a debt
under this section may not be construed by any court as an admission of
liability by the consumer.
(d) LEGAL PLEADINGS.--A communication in the form of a
formal pleading in a civil action shall not be treated as an initial
communication for purposes of subsection (a).
{{10-31-07 p.6622}}
(e) NOTICE PROVISIONS--The sending or delivery of any form
or notice which does not relate to the collection of a debt and is
expressly required by the Internal Revenue Code of 1986, title V of
Gramm-Leach-Bliley Act, or any provision of Federal or State law
relating to notice of data security breach or privacy, or any
regulation prescribed under any such provision of law, shall not be
treated as an initial communication in connection with debt collection
for purposes of this section.
[Codified to 15 U.S.C. 1692g]
[Source: Section 809 of title VIII of the Act of May 29,
1968 (Pub. L. No. 90-321), as added by the Act of September 20, 1977
(Pub. L. No. 95-109; 91 Stat. 879), effective with respect to debts for
which the initial attempt to collect occurs after March 20, 1978;
section 802 of title VII of the Act of October 13, 2006 (Pub. L. No.
109--351; 120 Stat. 2006), effective October 13,
2006]
§ 810. Multiple debts
If any consumer owes multiple debts and makes any single payment to
any debt collector with respect to such debts, such debt collector may
not apply such payment to any
debt which is disputed by the consumer and, where applicable, shall
apply such payment in accordance with the consumer's directions.
[Codified to 15 U.S.C. 1692h]
[Source: Section 810 of title VIII of the Act of May 29, 1968
(Pub. L. No. 90-321), as added by the Act of September 20, 1977 (Pub.
L. No. 95-109; 91 Stat. 880), effective March 20,
1978]
§ 811. Legal actions by debt collectors
(a) Any debt collector who brings any legal action on a debt
against any consumer shall--
(1) in the case of an action to enforce an interest in real
property securing the consumer's obligation, bring such action only in
a judicial district or similar legal entity in which such real property
is located; or
(2) in the case of an action not described in paragraph (1),
bring such action only in the judicial district or similar legal
entity--
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the
action.
(b) Nothing in this title shall be construed to authorize the
bringing of legal actions by debt collectors.
[Codified to 15 U.S.C. 1692i]
[Source: Section 811 of title VIII of the Act of May 29, 1968
(Pub. L. No. 90-321), as added by the Act of September 20, 1977 (Pub.
L. No. 95-109; 91 Stat. 880), effective March 20,
1978]
§ 812. Furnishing certain deceptive forms
(a) It is unlawful to design, compile, and furnish any form knowing
that such form would be used to create the false belief in a consumer
that a person other than the creditor of such consumer is participating
in the collection of or in an attempt to collect a debt such consumer
allegedly owes such creditor, when in fact such person is not so
participating.
(b) Any person who violates this section shall be liable to the
same extent and in the same manner as a debt collector is liable under
section 813 for failure to comply with a provision of this title.
[Codified to 15 U.S.C. 1692j]
[Source: Section 812 of title VIII of the Act of May 29,
1968 (Pub. L. No. 90-321), as added by the Act of September 20, 1977
(Pub. L. No. 95-109; 91 Stat. 880), effective March 20,
1978]
{{10-31-07 p.6622.01}}
§ 813. Civil liability
(a) Except as otherwise provided by this section, any debt
collector who fails to comply with any provision of this title with
respect to any person is liable to such person in an amount equal to
the sum of--
(1) any actual damage sustained by such person as a result of
such failure;
(2)(A) in the case of any action by an individual, such
additional damages as the court may allow, but not exceeding $1,000; or
(B) in the case of a class action, (i) such amount for each named
plaintiff as could be recovered under subparagraph (A), and (ii) such
amount as the court may allow for all other class members, without
regard to a minimum individual recovery, not to exceed the lesser of
$500,000 or 1 per centum of the net worth of the debt collector; and
(3) in the case of any successful action to enforce the foregoing
liability, the costs of the action, together with a reasonable
attorney's fee as determined by the court. On a finding by the court
that an action under this section was brought in bad faith and for the
purpose of harassment, the court may award to the defendant attorney's
fees reasonable in relation to the work expended and costs.
(b) In determining the amount of liability in any action under
subsection (a), the court shall consider, among other relevant
factors--
{{2-29-96 p.6623}}
(1) in any individual action under subsection (a)(2)(A), the
frequency and persistence of noncompliance by the debt collector, the
nature of such noncompliance, and the extent to which such
noncompliance was intentional; or
(2) in any class action under subsection (a)(2)(B), the frequency
and persistence of noncompliance by the debt collector, the nature of
such noncompliance, the resources of the debt collector, the number of
persons adversely affected, and the extent to which the debt
collector's noncompliance was intentional.
(c) A debt collector may not be held liable in any action brought
under this title if the debt collector shows by a preponderance of
evidence that the violation was not intentional and resulted from a
bona fide error notwithstanding the maintenance of procedures
reasonably adapted to avoid any such error.
(d) An action to enforce any liability created by this title may be
brought in any appropriate United States district court without regard
to the amount in controversy, or in any other court of competent
jurisdiction, within one year from the date on which the violation
occurs.
(e) No provision of this section imposing any liability shall apply
to any act done or omitted in good faith in conformity with any
advisory opinion of the Commission, notwithstanding that after such act
or omission has occurred, such opinion is amended, rescinded, or
determined by judicial or other authority to be invalid for any reason.
[Codified to 15 U.S.C. 1692k]
[Source: Section 813 of title VIII of the Act of May 29, 1968
(Pub. L. No. 90--321), as added by the Act of September 20, 1977 (Pub.
L. No. 95--109; 91 Stat. 881), effective March 20,
1978]
§ 814. Administrative enforcement
(a) Compliance with this title shall be enforced by the Commission,
except to the extent that enforcement of the requirements imposed under
this title is specifically committed to another agency under subsection
(b). For purpose of the exercise by the Commission of its functions and
powers under the Federal Trade Commission Act, a violation of this
title shall be deemed an unfair or deceptive act or practice in
violation of that Act. All of the functions and powers of the
Commission under the Federal Trade Commission Act are available to the
Commission to enforce compliance by any person with this title,
irrespective of whether that person is engaged in commerce or meets any
other jurisdictional tests in the Federal Trade Commission Act,
including the power to enforce the provisions of this title in the same
manner as if the violation had been a violation of a Federal Trade
Commission trade regulation rule.
(b) Compliance with any requirements imposed under this title shall
be enforced under--
(1) section 8 of the Federal Deposit Insurance Act, in the case
of--
(A) national banks, and Federal branches and Federal agencies of
foreign banks, by the Office of the Comptroller of the Currency;
(B) member banks of the Federal Reserve System (other than
national banks), branches and agencies of foreign banks (other than
Federal branches, Federal agencies, and insured State branches of
foreign banks), commercial lending companies owned or controlled by
foreign banks, and organizations operating under section 25 or 25(a) of
the Federal Reserve Act, by the Board; and
(C) banks insured by the Federal Deposit Insurance Corporation
(other than members of the Federal Reserve System) and insured State
branches of foreign banks, by the Board of Directors of the Federal
Deposit Insurance Corporation;
(2) section 8 of the Federal Deposit Insurance Act, by the
Director of the Office of Thrift Supervision, in the case of a savings
association the deposits of which are insured by the Federal Deposit
Insurance Corporation;
(3) the Federal Credit Union Act, by the Administrator of the
National Credit Union Administration with respect to any Federal credit
union;
{{2-29-96 p.6624}}
(4) the Acts to regulate commerce, by the Secretary of the
Transportation, with respect to all carriers subject to the
jurisdiction of the Surface Transporation Board;
(5) the Federal Aviation Act of 1958, by the Civil Aeronautics
Board with respect to any air carrier or any foreign air carrier
subject to that Act; and
(6) the Packers and Stockyards Act, 1921 (except as provided in
section 406 of that Act), by the Secretary of Agriculture with respect
to any activities subject to that Act.
The terms used in paragraph (1) that are not defined in this title
or otherwise defined in section 3(s) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section
1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).
(c) For the purpose of the exercise by any agency referred to in
subsection (b) of its powers under any Act referred to in that
subsection, a violation of any requirement imposed under this title
shall be deemed to be a violation of a requirement imposed under that
Act. In addition to its powers under any provision of law specifically
referred to in subsection (b), each of the agencies referred to in that
subsection may exercise, for the purpose of enforcing compliance with
any requirement imposed under this title any other authority conferred
on it by law, except as provided in subsection (d).
(d) Neither the Commission nor any other agency referred to in
subsection (b) may promulgate trade regulation rules or other
regulations with respect to the collection of debts by debt collectors
as defined in this title.
[Codified to 15 U.S.C. 1692l]
[Source: Section 814 of title VIII of the Act of May 29, 1968
(Pub. L. No. 90--321), as added by the Act of September 20, 1977 (Pub.
L. No. 95--109; 91 Stat. 881), effective March 20, 1978; as amended by
section 744(n) of title VII of the Act of August 9, 1989 (Pub. L. No.
101--73; 103 Stat. 440), effective August 9, 1989; section 212(e) of
title II of the Act of December 19, 1991 (Pub. L. No. 102--242; 105
Stat. 2301), effective December 19, 1991; section 1604(a)(7) of title
XVI of the Act of October 28, 1992 (Pub. L. No. 102--550; 106 Stat.
4082), effective December 19, 1991; section 316 of title III of the Act
of December 29, 1995 (Pub. L. No. 104--88; 109 Stat. 949), effective
December 29, 1995]
§ 815. Reports to Congress by the Commission
(a) Not later than one year after the effective date of this title
and at one-year intervals thereafter, the Commission shall make reports
to the Congress concerning the administration of its functions under
this title, including such recommendations as the Commission deems
necessary or appropriate. In addition, each report of the Commission
shall include its assessment of the extent to which compliance with
this title is being achieved and a summary of the enforcement actions
taken by the Commission under section 814 of this title.
(b) In the exercise of its functions under this title, the
Commission may obtain upon request the views of any other Federal
agency which exercises enforcement functions under section 814 of this
title.
[Codified to 15 U.S.C. 1692m]
[Source: Section 815 of title VIII of the Act of May 29, 1968
(Pub. L. No. 90--321), as added by the Act of September 20, 1977 (Pub.
L. No. 95--109; 91 Stat. 882), effective March 20,
1978]
§ 816. Relation to State laws
This title does not annul, alter, or affect, or exempt any person
subject to the provisions of this title from complying with the laws of
any State with respect to debt collection practices, except to the
extent that those laws are inconsistent with any provision of this
title, and then only to the extent of the inconsistency. For purposes
of this section, a State law is not inconsistent with this title if the
protection such law affords any consumer is greater than the protection
provided by this title.
[Codified to 15 U.S.C. 1692n]
{{4-30-08 p.6624.01}}
[Source: Section 816 of title VIII of the Act of May 29, 1968
(Pub. L. No. 90--321), as added by the Act of September 20, 1977 (Pub.
L. No. 95--109; 91 Stat. 883), effective March 20,
1978]
§ 817. Exemption for State regulation
The Commission shall by regulation exempt from the requirements of
this title 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 title, and that there is adequate
provision for enforcement.
[Codified to 15 U.S.C. 1692o]
[Source: Section 817 of title VIII of the Act of May 29,
1968 (Pub. L. No. 90--321), as added by the Act of September 20, 1977
(Pub. L. No. 95--109; 91 Stat. 883), effective March 20,
1978]
§ 818. Exception for certain bad check enforcement programs
operated by private entities
(a) IN GENERAL.--
(1) TREATMENT OF CERTAIN PRIVATE ENTITIES.--Subject to
paragraph (2), a private entity shall be excluded from the definition
of a debt collector, pursuant to the exception provided in section
803(6), with respect to the operation by the entity of a program
described in paragraph (2)(A) under a contract described in paragraph
(2)(B).
(2) CONDITIONS OF APPLICABILITY.--Paragraph (1) shall
apply if--
(A) a State or district attorney establishes, within the
jurisdiction of such State or district attorney and with respect to
alleged bad check violations that do not involve a check described in
subsection (b), a pretrial diversion program for alleged bad check
offenders who agree to participate voluntarily in such program to avoid
criminal prosecution;
(B) a private entity, that is subject to an administrative
support services contract with a State or district attorney and
operates under the direction, supervision, and control of such State or
district attorney, operates the pretrial diversion program described in
subparagraph (A); and
(C) in the course of performing duties delegated to it by a State
or district attorney under the contract, the private entity referred to
in subparagraph (B)--
(i) complies with the penal laws of the State;
(ii) conforms with the terms of the contract and directives of
the State or district attorney;
(iii) does not exercise independent prosecutorial discretion;
(iv) contacts any alleged offender referred to in subparagraph
(A) for purposes of participating in a program referred to in such
paragraph--
(I) only as a result of any determination by the State or
district attorney that probable cause of a bad check violation under
State penal law exists, and that contact with the alleged offender for
purposes of participation in the program is appropriate; and
(II) the alleged offender has failed to pay the bad check after
demand for payment, pursuant to State law, is made for payment of the
check amount;
(v) includes as part of an initial written communication with an
alleged offender a clear and conspicuous statement that--
(I) the alleged offender may disput the validity of any alleged
bad check violation;
(II) where the alleged offender knows, or has reasonable cause to
believe, that the alleged bad check violation is the result of theft or
forgery of the check, identity theft, or other fraud that is not the
result of the conduct of the alleged offender, the alleged offender may
file a crime report with the appropriate law enforcement agency;
and
{{4-30-08 p.6624.02}}
(III) if the alleged offender notifies the private entity or the
district attorney in writing, not later than 30 days after being
contacted for the first time pursuant to clause (iv), that there is a
dispute pursuant to this subsection, before further restitution efforts
are pursued, the district attorney or an employee of the district
attorney authorized to make such a determination makes a determination
that there is probable cause to believe that a crime has been
committed; and
(vi) charges only fees in connection with services under the
contract that have been authorized by the contract with the State or
district attorney.
(b) CERTAIN CHECKS EXCLUDED.--A check is described in this
subsection if the check involves, or is subsequently found to involve--
(1) a postdated check presented in connection with a payday loan,
or other similar transaction, where the payee of the check knew that
the issuer had insufficient funds at the time the check was made,
drawn, or delivered;
(2) a stop payment order where the issuer acted in good faith and
with reasonable cause in stopping payment on the check;
(3) a check dishonored because of an adjustment to the issuer's
account by the financial institution holding such account without
providing notice to the person at the time the check was made, drawn,
or delivered;
(4) a check for partial payment of a debt where the payee had
previously accepted partial payment for such debt;
(5) a check issued by a person who was not competent, or was not
of legal age, to enter into a legal contractual obligation at the time
the check was made, drawn, or delivered; or
(6) a check issued to pay an obligation arising from a
transaction that was illegal in the jurisdiction of the State or
district attorney at the time the check was made, drawn, or delivered.
(c) DEFINITIONS.--For purposes of this section, the
following definitions shall apply:
(1) STATE OR DISTRICT ATTORNEY.--The term "State or
district attorney" means the chief elected or appointed prosecuting
attorney in a district, county (as defined in section 2 of title 1,
United States Code), municipality, or comparable jurisdiction,
including State attorneys general who act as chief elected or appointed
prosecuting attorneys in a district, county (as so defined),
municipality or comparable jurisdiction, who may be referred to by a
variety of titles such as district attorneys, prosecuting attorneys,
commonwealth's attorneys, solicitators, county attorneys, and state's
attorneys, and who are responsible for the prosecution of State crimes
and violations of jurisdiction-specific local ordinances.
(2) CHECK.--The term "check" has the same meaning
as in section 3(6) of the Check Clearing for the 21st Century Act.
(3) BAD CHECK VIOLATION.--The term "bad check
violation" means a violation of the applicable State criminal law
relating to the writing of dishonored checks.
[Codified to 15 U.S.C. § 1692p]
[Source: Section 818 of title VIII of the Act of May 29,
1968 (Pub. L. No. 90--321), as added by section 801(a)(2) of title VII
of the Act of October 13, 2006 (Pub. L. No. 109--351; 120 Stat. 2004),
effective October 13, 2006]
§ 819. Effective date
This title takes effect upon the expiration of six months after the
date of its enactment, but section 809 shall apply only with respect to
debts for which the initial attempt to collect occurs after such
effective date.
[Codified to 15 U.S.C. 1692 note]
[Source: Section 818 of title VIII of the Act of May 29,
1968 (Pub. L. No. 90-321), as added by the Act of September 20, 1977
(Pub. L. No. 95-109; 91 Stat. 883), effective March 20, 1978; section
818 redesignated as 819 by section 801(a)(1) of title IV of the Act of
October 13, 2006 (Pub. L. No. 109--351; 120 Stat. 2004), effective
October 13, 2006]
[The page following this is 6624.05.] |
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