Collection Actions: 15.2.1.6.3 Is there a federal private cause of action?
The Fifth, Eighth, and Ninth Circuits and a number of district courts have held that there is no federal private right of action to enforce the CCPA protection against discharge of an employee because of garnishment.112 These decisions are based on the availability of alternative remedies. Some note the mandate in 15 U.S.C. § 1676 that the Secretary of Labor “shall enforce the provisions of this subchapter,” while others rely on the view that state statutes provide adequate private remedies.