When a Collection Agency Contacts You The first time a collection agency contacts you, it must give its name and address, and the name of the original creditor the business or person you owe money to. It must also tell you in writing the amount of the debt and any fees which have been added, such as interest or collection fees.
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.
Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. 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 f 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.
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.
If such notice from the consumer is made by mail, notification shall be complete upon receipt. 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: 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.
Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.
Such charges include, but are not limited to, collect telephone calls and telegram fees. Collection activities and communications that do not otherwise violate this subchapter may continue during the 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.
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.
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.
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.
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 bsubject to subtitle B of the Consumer Financial Protection Act of [12 U.
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.
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. 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.
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 l of this title.
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. 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.
Exception for certain bad check enforcement programs operated by private entities a In general 1 Treatment of certain private entities Subject to paragraph 2a private entity shall be excluded from the definition of a debt collector, pursuant to the exception provided in section a 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.
Section 3 has been renumbered as Section a 3. Legislative History House Report: Public Law September 20, Amendments:Federal Agency Directory, online database maintained by the Louisiana State University Libraries in partnership with the Federal Depository Library Program of the GPO A–Z Index of US Departments and Agencies, iridis-photo-restoration.com, the US government's official web portal.
Information privacy law or data protection laws prohibit the disclosure or misuse of information about private individuals. Over 80 countries and independent territories, including nearly every country in Europe and many in Latin America and the Caribbean, Asia, and Africa, have now adopted comprehensive data protection laws.
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