Fair Debt Collection: § 1006.6 Communications in connection with debt collection.
(a) Definition. For purposes of this section, the term consumer includes:
(1) The consumer’s spouse;
Official interpretation of Paragraph 6(a)(1).
(a) Definition. For purposes of this section, the term consumer includes:
(1) The consumer’s spouse;
Official interpretation of Paragraph 6(a)(1).
Note that this Regulation F provision has expired. Ensure that any claim brought under the expired Reg. F § 1006.9 dates back to the effective period of these regulations (discussed at § 7.4.12.2, supra).
(a) Definition. The term location information means a consumer’s:
Official interpretation of 10(a) Definition.
(a) In general. A debt collector must 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, including, but not limited to, the conduct described in paragraphs (b) through (h) of this section.
Official interpretation of 14(a) In general.
(a) In general. A debt collector must not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, including, but not limited to, the conduct described in paragraphs (b) through (d) of this section.
(b) False, deceptive, or misleading representations.
(1) A debt collector must not falsely represent or imply that:
(a) In general. A debt collector must not use unfair or unconscionable means to collect or attempt to collect any debt, including, but not limited to, the conduct described in paragraphs (b) through (f) of this section.
(a) Definitions. For purposes of this section:
(1) Statute of limitations means the period prescribed by applicable law for bringing a legal action against the consumer to collect a debt.
(2) Time-barred debt means a debt for which the applicable statute of limitations has expired.
(a) Required actions prior to furnishing information.
(1) In general. Except as provided in paragraph (a)(2) of this section, a debt collector must not furnish to a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)), information about a debt before the debt collector:
Official interpretation of 30(a)(1) In general.
(a) Validation information required.
(1) In general. Except as provided in paragraph (a)(2) of this section, a debt collector must provide a consumer with the validation information required by paragraph (c) of this section either:
Official interpretation of 34(a)(1) In general.
Official interpretation
1. In writing. Section 1006.38 contains requirements related to a dispute or request for the name and address of the original creditor timely submitted in writing by the consumer. A consumer has disputed the debt or requested the name and address of the original creditor in writing for purposes of § 1006.38(c) or (d)(2) if the consumer, for example:
Paragraph 3(c)(1)
1. Financial institution acting in a fiduciary capacity. Section 1003.3(c)(1) provides that a closed-end mortgage loan or an open-end line of credit originated or purchased by a financial institution acting in a fiduciary capacity is an excluded transaction. A financial institution acts in a fiduciary capacity if, for example, the financial institution acts as a trustee.
Paragraph 3(c)(2)
The Consumer Financial Protection Bureau (CFPB) now has authority to issue Regulation B and its commentary. See Pub. L. No. 111-203, tit. X, §§ 1085(3), 1100H, 124 Stat. 2083, 2113 (July 21, 2010). On December 21, 2011, the CFPB issued its version of Regulation B and its commentary and further amended it on January 18, 2013, effective July 18, 2014, and further amended it on October 2, 2017, effective January 1, 2018. See 82 Fed. Reg. 45,680 (Oct. 2, 2017).
The Consumer Financial Protection Bureau (CFPB) now has authority to issue Regulation B and its commentary. See Pub. L. No. 111-203, tit. X, §§ 1085(3), 1100H, 124 Stat. 2083, 2113 (July 21, 2010). On December 21, 2011, the CFPB issued its version of Regulation B and its official interpretations, amended it on January 18, 2013, effective July 18, 2014 and further amended it on October 2, 2017, effective January 1, 2018. See 82 Fed. Reg. 45,680 (Oct. 2, 2017).
[78 Fed. Reg. 7248 (Jan. 31, 2013); 78 Fed. Reg. 60,437 (Oct. 1, 2013); 78 Fed. Reg. 69,753 (Nov. 21, 2013); 81 Fed. Reg. 44,764 (July 11, 2016); 82 Fed. Reg. 45,695 (Oct. 2, 2017)]
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at Department of Housing and Urban Development, 451 Seventh Street SW, Room 5240, Washington, DC 20410–0001, telephone number 202–708–2333, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA).
DRUPAL://DB9695E7-DC03-4EC8-A212-8F2B355AF96B
The pleadings reprinted in this appendix can also be found online in Microsoft Word format as companion material to this treatise. The companion material online also contains a number of additional pleadings that are not reprinted here. All pleadings in the text and online are for demonstration purposes only and must be adapted by a competent professional to fit the circumstances of a given case and the requirements of local rules and practice.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
[Consumers 1 and 2] and
Fair Housing Advocates of Northern California
Plaintiffs,
v.
Janette C. Miller,
Miller and Perotti Real Estate Appraisals, Inc.;
and AMC Links, LLC,
Defendants.
COMPLAINT FOR INJUNCTIVE, DECLARATORY, AND MONETARY RELIEF; JURY TRIAL DEMAND
INTRODUCTION
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
[Consumers 1 and 2] and
Fair Housing Advocates of Northern California
Plaintiffs,
v.
Janette C. Miller,
Miller and Perotti Real Estate Appraisals, Inc.;
and AMC Links, LLC,
Defendants.
PLAINTIFFS’ OPPOSITION TO MOTION TO DISMISS FILED BY DEFENDANT21
[78 Fed. Reg. 16,153 (Mar. 14, 2013)]
(a) An approved agency shall send a certificate only to the client who took and completed the counseling services, except that an approved agency shall instead send a certificate to the attorney of a client who took and completed counseling services if the client specifically directs the agency to do so.
If an agency offers or has offered debt repayment plans, an agency shall possess adequate financial resources to provide continuing support services for such plans over the life of any debt repayment plan, and provide for the safekeeping of client funds, which shall include:
(a) The following definitions apply to §§ 58.25 through and including 58.36 of this Part, as well as the applications and other materials providers submit in an effort to establish they meet the requirements necessary to become an approved provider of a personal financial management instructional course.
(b) These terms shall have these meanings:
[Editor’s note: This statute has been repealed.]
This set of summaries encompasses state statutes that allow lenders other than depository institutions to extend unsecured open-end consumer credit, by credit card or otherwise, for cash advances. It excludes open-end credit statutes that are limited to: