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Fair Debt Collection: A.1 Cross-Reference Table of Public Law 95–109 Section Numbers with 15 U.S.C. Section Numbers

The Fair Debt Collection Practices Act, as currently codified at 15 U.S.C. §§ 1692–1692p, is reprinted in this appendix. Because many cases, articles, and the Federal Trade Commission refer to the Public Law 95–109 section numbers, the following table is provided. The Public Law 95–109 section numbers are also in brackets following each heading of the Act reprinted in this appendix.

Fair Debt Collection: History of Amendments

15 U.S.C. §§ 1692–1692p; Pub. L. No. 95–109, 91 Stat. 874 (Sept. 20, 1977); Pub. L. No. 95–473, 92 Stat. 1466 (Oct. 17, 1978); Pub. L. No. 95–630, 92 Stat. 3680 (Nov. 10, 1978); Pub. L. No. 98–443, 98 Stat. 1708 (Oct. 4, 1984); Pub. L. No. 99–361, 100 Stat. 768 (July 9, 1986); Pub. L. No. 101–73, 103 Stat. 440 (Aug. 9, 1989); Pub. L. No. 102–242, 105 Stat. 2301 (Dec. 19, 1991); Pub. L. No. 102–550, 106 Stat. 4082 (Oct. 28, 1992); Pub. L. No. 104–88, 109 Stat. 949 (Dec. 29, 1995); Pub. L. No. 104–208, 110 Stat. 3009–425 (Sept. 30, 1996); Pub. L. No. 109–351, tit.

Fair Debt Collection: 15 U.S.C. § 1692. Congressional findings and declaration of purpose [FDCPA § 802]

(a) 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.

(b) Existing laws and procedures for redressing these injuries are inadequate to protect consumers.

Fair Debt Collection: 15 U.S.C. § 1692a. Definitions [FDCPA § 803]

As used in this subchapter—

(1) The term “Bureau” means the Bureau of Consumer Financial Protection.

(2) The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.

(3) The term “consumer” means any natural person obligated or allegedly obligated to pay any debt.

Fair Debt Collection: 15 U.S.C. § 1692b. Acquisition of location information [FDCPA § 804]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall—

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

Fair Debt Collection: 15 U.S.C. § 1692d. Harassment or abuse [FDCPA § 806]

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:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

Fair Debt Collection: 15 U.S.C. § 1692e. False or misleading representations [FDCPA § 807]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

Fair Debt Collection: 15 U.S.C. § 1692f. Unfair practices [FDCPA § 808]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

Fair Debt Collection: 15 U.S.C. § 1692g. Validation of debts [FDCPA § 809]

(a) Notice of debt; contents

Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

Fair Debt Collection: 15 U.S.C. § 1692h. Multiple debts [FDCPA § 810]

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.

Fair Debt Collection: 15 U.S.C. § 1692k. Civil liability [FDCPA § 813]

(a) Amount of damages

Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of—

(1) any actual damage sustained by such person as a result of such failure;

Fair Debt Collection: 15 U.S.C. § 1692m. Reports to Congress by the Bureau; views of other Federal agencies [FDCPA § 815]

(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 1692l of this title.

Fair Debt Collection: 15 U.S.C. § 1692n. Relation to State laws [FDCPA § 816]

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.

Fair Debt Collection: 15 U.S.C. § 1692o. Exemption for State regulation [FDCPA § 817]

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.

[Pub. L. No. 111–203, tit. X, § 1089(1), 124 Stat. 2092 (July 21, 2010)]

Fair Debt Collection: 15 U.S.C. § 1692p. Exception for certain bad check enforcement programs operated by private entities [FDCPA § 818]

(a) In general—

(1) Treatment of certain private entities

Subject to paragraph (2), a private entity shall be excluded from the definition of a debt collector, pursuant to the exception provided in section 1692a(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).

(2) Conditions of applicability

Fair Debt Collection: Introduction

[Editor’s Note.6]

Report of the Committee on Banking, Housing and Urban Affairs

U.S. Senate

Aug. 2, 1977

[Page 1]

The Committee on Banking, Housing, and Urban Affairs, to which was referred the bill (H.R. 5294) to amend the Consumer Credit Protection Act to prohibit abuses by debt collectors, having considered same, reports favorably thereon with an amendment and recommends that the bill as amended do pass.

Fair Debt Collection: History of the Legislation

On May 12 and 13, 1977, the Consumer Affairs Subcommittee held hearings on four bills to regulate debt collection practices: S. 656, introduced by Senator Biden; S. 918, introduced by Senator Riegle; S. 1130, introduced by Senator Garn for himself and Senators Schmitt and Tower; and H.R. 5294, passed by the House of Representatives on April 4, 1977. After these hearings and before markup by the committee, Senator Riegle offered a composite bill, designated Committee Print No. 1, as a substitute for S. 918.

Fair Debt Collection: Nature and Purpose of the Bill

This legislation would add a new title to the Consumer Credit Protection Act entitled the Fair Debt Collection Practices Act. Its purpose is to protect consumers from a host of unfair, harassing, and deceptive debt collection practices without imposing unnecessary [Page 2] restrictions on ethical debt collectors. This bill was strongly supported by consumer groups, labor unions, State and Federal law enforcement officials, and by both national organizations which represent the debt collection profession, the American Collectors Association and Associated Credit Bureaus.

Fair Debt Collection: Need for This Legislation

The committee has found that debt collection abuse by third party debt collectors is a widespread and serious national problem. Collection abuse takes many forms, including obscene or profane language, threats of violence, telephone calls at unreasonable hours, misrepresentation of a consumer’s legal rights, disclosing a consumer’s personal affairs to friends, neighbors, or an employer, obtaining information about a consumer through false pretense, impersonating public officials and attorneys, and simulating legal process.