Elimination of Guides Against Debt Collection Deception, 60 Fed. Reg. 40263 (Aug. 8, 1995)

Because the Commission’s Guides Against Debt Collection Deception have been superseded by, and submitted in, the Fair Debt Collection Practices Act (FDCPA), the Commission has determined that it is in the public interest to eliminate them. The Guides were adopted in 1967 to codify the results of many debt collection cases brought by the Commission against debt collectors and creditors under Section 5(a)(1) of the Federal Trade Commission Act (FTCA). Although the Guides covered creditors and the FDCPA generally does not, proceedings still may be brought against creditors under Section 5 of the FTCA for engaging in unfair or deceptive debt collection practices, many of which are addressed in the FDCPA. Thus, the Commission would expect creditors and other parties whose collection activities are not covered by the FDCPA to look to the FDCPA for guidance in this regard. EFFECTIVE DATE: August 8, 1995.