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Collection Actions: 16 C.F.R. § 444.5 State exemptions

(a) If, upon application to the Federal Trade Commission by an appropriate State agency, the Federal Trade Commission determines that:

(1) There is a State requirement or prohibition in effect that applies to any transaction to which a provision of this rule applies; and

(2) The State requirement or prohibition affords a level of protection to consumers that is substantially equivalent to, or greater than, the protection afforded by this rule;

Truth in Lending: Amendment History and Title and Chapter

Competitive Equality Banking Act of 1987, 12 U.S.C. § 3806, Pub. L. No. 100-86, 101 Stat. 662, Title XII, § 1204 (Aug. 10, 1987), as amended by Pub. L. No. 102-550, 106 Stat. 3893, Title IX, § 952 (Oct. 28, 1992).

TITLE 12. BANKS AND BANKING

CHAPTER 39—ALTERNATIVE MORTGAGE TRANSACTIONS

Truth in Lending: § 3806. Adjustable rate mortgage caps

(a) In general

Any adjustable rate mortgage loan originated by a creditor shall include a limitation on the maximum interest rate that may apply during the term of the mortgage loan.

(b) Regulations

The Board of Governors of the Federal Reserve System shall prescribe regulations to carry out the purposes of this section.

(c) Enforcement

Collection Actions: 31 C.F.R. § 285.4 Offset of Federal benefit payments to collect past-due, legally enforceable nontax debt

(a) Scope.

(1) This section sets forth special rules applicable to the offset of Federal benefit payments payable to an individual under the Social Security Act (other than Supplemental Security Income (SSI) payments), part B of the Black Lung Benefits Act, or any law administered by the Railroad Retirement Board (other than payments that such Board determines to be tier 2 benefits) to collect delinquent nontax debt owed to the United States.

Collection Actions: Listing of Provisions

Title 31—Money and Finance—Treasury

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Chapter II—Fiscal Service, Department of the Treasury

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Part 285—Debt Collection Authorities Under the Debt Collection Improvement Act of 1996

Sec.

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285.2 Offset of tax refund payments to collect past-due, legally enforceable nontax debt

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Collection Actions: 31 C.F.R. § 285.8 Offset of tax refund payments to collect certain debts owed to States

(a) Definitions. For purposes of this section:

Debt means past-due, legally enforceable State income tax obligation or unemployment compensation debt unless otherwise indicated.

Debtor means a person who owes a debt.

Fiscal Service means the Bureau of the Fiscal Service, a bureau of the Department of the Treasury.

IRS means the Internal Revenue Service, a bureau of the Department of the Treasury.

Collection Actions: 31 C.F.R. § 285.11 Administrative wage garnishment

(a) Purpose. This section provides procedures for Federal agencies to collect money from a debtor's disposable pay by means of administrative wage garnishment to satisfy delinquent nontax debt owed to the United States.

(b) Scope.

(1) This section applies to any Federal agency that administers a program that gives rise to a delinquent nontax debt owed to the United States and to any agency that pursues recovery of such debt.

Collection Actions: 26 C.F.R. § 1.501(r)–5 Limitation on charges

(a) In general. A hospital organization meets the requirements of section 501(r)(5) with respect to a hospital facility it operates only if the hospital facility (and any substantially-related entity, as defined in § 1.501(r)–1(b)(28)) limits the amount charged for care it provides to any individual who is eligible for assistance under its financial assistance policy (FAP) to—

Collection Actions: 26 C.F.R. § 1.501(r)–6 Billing and collection

(a) In general. A hospital organization meets the requirements of section 501(r)(6) with respect to a hospital facility it operates only if the hospital facility does not engage in extraordinary collection actions (ECAs), as defined in paragraph (b) of this section, against an individual to obtain payment for care before the hospital facility has made reasonable efforts to determine whether the individual is eligible for assistance for the care under its financial assistance policy (FAP), as described in paragraph (c) of this section.

Collection Actions: Listing of Provisions

Title 26—Internal Revenue

Chapter I—Internal Revenue Service, Department of the Treasury

Part 1—Income Taxes

Sec.

1.501(r)–1 Definitions.

1.501(r)–2 Failures to satisfy section 501(r).

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1.501(r)–4 Financial assistance policy and emergency medical care policy.

1.501(r)–5 Limitation on charges.

1.501(r)–6 Billing and collection.

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Collection Actions: 26 C.F.R. § 1.501(r)–1 Definitions

(a) Application. The definitions set forth in this section apply to §§ 1.501(r)–2 through 1.501(r)–7.

(b) Definitions—

(1) Amounts generally billed (AGB) means the amounts generally billed for emergency or other medically necessary care to individuals who have insurance covering such care, determined in accordance with § 1.501(r)–5(b).

Collection Actions: 26 C.F.R. § 1.501(r)–4 Financial assistance policy and emergency medical care policy

(a) In general. A hospital organization meets the requirements of section 501(r)(4) with respect to a hospital facility it operates only if the hospital organization establishes for that hospital facility—

(1) A written financial assistance policy (FAP) that meets the requirements of paragraph (b) of this section; and

(2) A written emergency medical care policy that meets the requirements of paragraph (c) of this section.

Collection Actions: 26 C.F.R. § 1.501(r)–2 Failures to satisfy section 501(r)

(a) Revocation of section 501(c)(3) status. Except as otherwise provided in paragraphs (b) and (c) of this section, a hospital organization failing to meet one or more of the requirements of section 501(r) separately with respect to one or more hospital facilities it operates may have its section 501(c)(3) status revoked as of the first day of the taxable year in which the failure occurs.

Collection Actions: 31 U.S.C. § 3701. Definitions and application

(a) In this chapter—

(1) “administrative offset” means withholding funds payable by the United States (including funds payable by the United States on behalf of a State government) to, or held by the United States for, a person to satisfy a claim.

(2) “calendar quarter” means a 3-month period beginning on January 1, April 1, July 1, or October 1.

(3) “consumer reporting agency” means—

Collection Actions: Listing of Provisions

Title 31—Money and Finance—Treasury

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Chapter 37—Claims

Subchapter I—General

Sec.

3701. Definitions and application

3702. Authority to settle claims

Subchapter II—Claims of the United States Government

3711. Collection and compromise

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3713. Priority of government claims

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Collection Actions: 31 U.S.C. § 3720A. Reduction of tax refund by amount of debt

(a) Any Federal agency that is owed by a person a past-due, legally enforceable debt (including debt administered by a third party acting as an agent for the Federal Government) shall, and any agency subject to section 9 of the Act of May 18, 1933 (16 U.S.C. 831h), owed such a debt may, in accordance with regulations issued pursuant to subsections (b) and (d), notify the Secretary of the Treasury at least once each year of the amount of such debt.

Collection Actions: Introduction

The Debt Collection Improvement Act of 1996 was enacted by Pub. L. No. 104-134, § 31001, 110 Stat. 1321. It is principally codified as part of the Claims Collection Act, 31 U.S.C. §§ 3701-3733, relevant portions of which are reprinted below.

Collection Actions: Listing of Provisions

Title 31—Money and Finance–Treasury

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Chapter 37—Claims

Subchapter I—General

Sec.

3701. Definitions and application

3702. Authority to settle claims

Subchapter II—Claims of the United States Government

3711. Collection and compromise

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3713. Priority of government claims

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