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 4. Rules


FAIR DEBT COLLECTION PRACTICES ACT


FAIR DEBT COLLECTION PRACTICES ACT


AS AMENDED BY PUBLIC LAW 111-203, TITLE X, 124 STAT. 2092 (2010)

As a public service, the staff of the Federal Trade Commission (FTC) has
prepared the following complete text of the Fair Debt Collection Practices Act

§§ 1692-1692p.

Please note that the format of the text differs in minor ways from the U.S. Code
and West’s U.S. Code Annotated. For example, this version uses FDCPA section
numbers in the headings. In addition, the relevant U.S. Code citation is
included with each section heading. Although the staff has made every effort to
transcribe the statutory material accurately, this compendium is intended as a
convenience for the public and not a substitute for the text in the U.S. Code.

Table of Contents
§801.  Short title
§802.  Congressional findings and declaration of purpose
§803.  Definitions
§804.  Acquisition of location information
§805.  Communication in connection with debt collection
§806.  Harassment or abuse
§807.  False or misleading representations
§808.  Unfair practices
§809.  Validation of debts
§810.  Multiple debts
§811.  Legal actions by debt collectors
§812.  Furnishing certain deceptive forms
§813.  Civil liability
§814.  Administrative enforcement
§815.  Reports to Congress by the Bureau; views of other Federal agencies
§816.  Relation to State laws
§817.  Exemption for State regulation
§818. Exception for certain bad check enforcement programs operated by private
entities
§819. Effective date

15 USC 1601 note


§ 801.  SHORT TITLE

This subchapter may be cited as the "Fair Debt Collection Practices Act."

15 USC 1692


§ 802.  CONGRESSIONAL FINDINGS AND DECLARATIONS OF PURPOSE

(a) Abusive practices
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) Inadequacy of laws
Existing laws and procedures for redressing these injuries are inadequate to
protect consumers.

(c) Available non-abusive collection methods
Means other than misrepresentation or other abusive debt collection practices
are available for the effective collection of debts.

(d) Interstate commerce
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.

(e) Purposes
It is the purpose of this subchapter 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.

15 USC 1692a


§ 803.  DEFINITIONS

As used in this subchapter --

(1) The term "Bureau" means the Bureau of Consumer Financial Protection.

(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 1692f(6) of this title, 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) 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.

15 USC 1692b


§ 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.

15 USC 1692c


§ 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 antemeridian 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 1692b of this title, 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
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) “Consumer” defined
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.

15 USC 1692d


§ 806.  HARASSMENT 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 1681a(f) or 1681b(3)1 of this title.

(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 1692b of this title, the placement of
telephone calls without meaningful disclosure of the caller's identity.

15 USC 1692e


§ 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 --

(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 subchapter.

(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 1681a(f) of
this title.

15 USC 1692f


§ 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.

(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.

(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 enforceable 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.

15 USC 1692g


§ 809.  VALIDATION OF DEBTS

(a) Notice of debt; contents
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) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day
period described in subsection (a) of this section 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 subchapter 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) Admission of liability
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).

(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 title 26, title V of
Gramm-Leach-Bliley Act [15 U.S.C. 6801 et seq.], 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.

15 USC 1692h


§ 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.

15 USC 1692i


§ 811.  LEGAL ACTIONS BY DEBT COLLECTORS

(a) Venue
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) Authorization of actions
Nothing in this subchapter shall be construed to authorize the bringing of legal
actions by debt collectors.

15 USC 1692j


§ 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 1692k of this
title for failure to comply with a provision of this subchapter.

15 USC 1692k


§ 813.  CIVIL LIABILITY 

(a) Amount of damages
Except as otherwise provided by this section, any debt collector who fails to
comply with any provision of this subchapter 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) Factors considered by court
In determining the amount of liability in any action under subsection (a) of
this section, the court shall consider, among other relevant factors --

(1) in any individual action under subsection (a)(2)(A) of this section, 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) of this section, 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) Intent
A debt collector may not be held liable in any action brought under this
subchapter 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) Jurisdiction
An action to enforce any liability created by this subchapter 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) Advisory opinions of Bureau
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 Bureau,
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.

15 USC 1692l


§ 814.  ADMINISTRATIVE ENFORCEMENT

(a) Federal Trade Commission
The Federal Trade Commission shall be authorized to enforce compliance with this
subchapter, except to the extent that enforcement of the requirements imposed
under this subchapter is specifically committed to another Government agency
under any of paragraphs (1) through (5) of subsection (b), subject to subtitle B
of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5511 et seq.]. For
purpose of the exercise by the Federal Trade Commission of its functions and
powers under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), a
violation of this subchapter shall be deemed an unfair or deceptive act or
practice in violation of that Act. All of the functions and powers of the
Federal Trade Commission under the Federal Trade Commission Act are available to
the Federal Trade Commission to enforce compliance by any person with this
subchapter, irrespective of whether that person is engaged in commerce or meets
any other jurisdictional tests under the Federal Trade Commission Act, including
the power to enforce the provisions of this subchapter, in the same manner as if
the violation had been a violation of a Federal Trade Commission trade
regulation rule.

(b) Applicable provisions of law
Subject to subtitle B of the Consumer Financial Protection Act of 2010,
compliance with any requirements imposed under this subchapter shall be enforced
under--

(1) section 8 of the Federal Deposit Insurance Act [12 U.S.C. 1818], by the
appropriate Federal banking agency, as defined in section 3(q) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(q)), with respect to--

(A) national banks, Federal savings associations, and Federal branches and
Federal agencies of foreign banks;

(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 25A of the Federal Reserve Act [12 U.S.C. 601 et seq., 611
et seq.]; and

(C) banks and State savings associations insured by the Federal Deposit
Insurance Corporation (other than members of the Federal Reserve System), and
insured State branches of foreign banks;

(2) the Federal Credit Union Act [12 U.S.C. 1751 et seq.], by the Administrator
of the National Credit Union Administration with respect to any Federal credit
union;

(3) subtitle IV of title 49, by the Secretary of Transportation, with respect to
all carriers subject to the jurisdiction of the Surface Transportation Board;

(4) part A of subtitle VII of title 49, by the Secretary of Transportation with
respect to any air carrier or any foreign air carrier subject to that part;

(5) the Packers and Stockyards Act, 1921 [7 U.S.C. 181 et seq.] (except as
provided in section 406 of that Act [7 U.S.C. 226, 227]), by the Secretary of
Agriculture with respect to any activities subject to that Act; and

(6) subtitle E of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5561
et seq.], by the Bureau, with respect to any person subject to this subchapter.
The terms used in paragraph (1) that are not defined in this subchapter 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) Agency powers
For the purpose of the exercise by any agency referred to in subsection (b) of
this section of its powers under any Act referred to in that subsection, a
violation of any requirement imposed under this subchapter 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) of this
section, each of the agencies referred to in that subsection may exercise, for
the purpose of enforcing compliance with any requirement imposed under this
subchapter any other authority conferred on it by law, except as provided in
subsection (d) of this section.

(d) Rules and regulations
Except as provided in section 1029(a) of the Consumer Financial Protection Act
of 2010 [12 U.S.C. 5519(a)], the Bureau may prescribe rules with respect to the
collection of debts by debt collectors, as defined in this subchapter.

15 USC 1692m


§ 815.  REPORTS TO CONGRESS BY THE BUREAU; VIEWS OF OTHER FEDERAL AGENCIES

(a) Not later than one year after the effective date of this subchapter and at
one-year intervals thereafter, the Bureau shall make reports to the Congress
concerning the administration of its functions under this subchapter, including
such recommendations as the Bureau deems necessary or appropriate. In addition,
each report of the Bureau shall include its assessment of the extent to which
compliance with this subchapter is being achieved and a summary of the
enforcement actions taken by the Bureau under section 1692l of this title.

(b) In the exercise of its functions under this subchapter, the Bureau may
obtain upon request the views of any other Federal agency which exercises
enforcement functions under section 1692l of this title.

15 USC 1692n


§ 816.  RELATION TO STATE LAWS

This subchapter does not annul, alter, or affect, or exempt any person subject
to the provisions of this subchapter 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 subchapter, and then only to the
extent of the inconsistency. For purposes of this section, a State law is not
inconsistent with this subchapter if the protection such law affords any
consumer is greater than the protection provided by this subchapter.

15 USC 1692o


§ 817.  EXEMPTION FOR STATE REGULATION

The Bureau shall by regulation exempt from the requirements of this subchapter
any class of debt collection practices within any State if the Bureau 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.


§ 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 1692a(6) of
this title, 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 dispute 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

(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),
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, solicitors, 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 5002(6) of title 12.

(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.

15 USC 1692 note


§ 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.

 


ENDNOTES

1. Section 604(3) has been renumbered as Section 604(a)(3).


LEGISLATIVE HISTORY

House Report: No. 95-131 (Comm. on Banking, Finance, and Urban Affairs).

Senate Report: No. 95-382 (Comm. on Banking, Housing, and Urban Affairs).

Congressional Record, Vol. 123 (1977)
April 4, House considered and passed H.R. 5294.
Aug. 5, Senate considered and passed amended version of H.R. 5294.
Sept. 8, House considered and passed Senate version.

Enactment: Public Law 95-109 (September 20, 1977)
Amendments: Public Law Nos.
99-361 (July 9, 1986)
101-73 (August 9, 1989)
102-242 (December 19, 1991)
102-550 (October 28, 1992)
104-88 (December 29, 1995)
104-208 (September 30, 1996)
109-351 (October 13, 2006)
111-203 (July 21, 2010)

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