FDCPA ANNOTATED STATUTES
When one needs information about FDCPA or any other law one needs to refer to the annotated statutes and not some so called and self styled internet "expert" or "gooroo" who might happen to think s/he knows all about the law. Usually they don't and what they know even less about is how other laws interact with the body of law that you may be interested in.
It is only by reference to the fully annotated statutes that reliable information can be obtained. Of course, the FDCPA annotated statutes are far too large to be presented on a blog so a special website has been created to bring you the annotated statutes and by their use you can avoid the nonsense spouted on such message forums as artofcredit, creditnet, creditboards and many others who suppose that they can give you accurate information.
Stay away from them because they will end up leading you astray.
UNITED STATES CODE ANNOTATED
TITLE 15. COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER V--DEBT COLLECTION PRACTICES
No claim to Orig. U.S. Govt. Works.
Current through P.L. 107-48, approved 10-12-01
§ 1692a. Definitions
As used in this subchapter--
(1) The term "Commission" means the Federal Trade Commission.
(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.
(4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.
(5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f(6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include--
(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;
(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;
(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;
(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;
(E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and
(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.
(7) The term "location information" means a consumer's place of abode and his telephone number at such place, or his place of employment.
(8) The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.
CREDIT(S)
1997 Main Volume
(Pub.L. 90-321, Title VIII, § 803, as added Pub.L. 95-109, Sept. 20, 1977, 91 Stat. 875, and amended Pub.L. 99-361, July 9, 1986, 100 Stat. 768.)
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
1968 Acts. House Report No. 1040 and Conference Report No. 1397, see 1968 U.S. Code Cong. and Adm. News, p. 1962.
1977 Acts. Senate Report No. 95-382, see 1977 U.S. Code Cong. and Adm. News, p. 1695.
1986 Acts. House Report No. 99-405, see 1986 U.S. Code Cong. and Adm. News, p. 1752.
Amendments
1986 Amendments. Par. (6). Pub.L. 99-361 in provision preceding subpar. (A) substituted "clause (F)" for "clause (G)", in subpar. (E) inserted "and" after "creditor;", struck out subpar. (F), which excluded from the term "debt collector" any attorney-at-law collecting a debt as an attorney on behalf of and in the name of a client, and redesignated subpar. (G) as (F).
CROSS REFERENCES
Private counsel as debt collector, see 31 USCA § 3718.
AMERICAN LAW REPORTS
Validity, construction, and application of state statutes prohibiting abusive or coercive debt collection practices. 87 ALR3d 786.
What constitutes "debt" for purposes of Fair Debt Collection Practices Act (15 U.S.C.A. § 1692A(5)). 159 ALR Fed 121.
What constitutes "debt" and "debt collector" for purposes of Fair Debt Collection Practices Act (15 U.S.C.A. § 1692(a)(5), (6)). 62 ALR Fed 552.
LIBRARY REFERENCES
Administrative Law
Fair Debt Collection Practices Act, scope and coverage, see West's Federal Administrative Practice § 3512.
Limitations on communications, see West's Federal Administrative Practice § 3514.
Encyclopedias
17 Am. Jur. 2d, Consumer and Borrower Protection § § 194, 197-199,201, 202
Law Review and Journal Commentaries
Acceleration notices and demand letters. Manuel H. Newburger, 47 Consumer Fin.L.Q.Rep. 338 (1993).
Fair Debt Collection Practices Act: Attorneys beware, you too may be a debt collector. Janet Flaccus, 1987 Ark.L.Notes 11.
Fair Debt Collection Practices Act: Emerging source of liability for attorneys. Christopher A. Golden, 69 N.Y.St.B.J. 14 (Feb. 1997).
Guidelines for consumer debt collection by attorneys under the 1986 Amendment to the Fair Debt Collection Practices Act. Michael K. Sweig, 21 New Eng.L.Rev. 697 (1985-86).
It is only by reference to the fully annotated statutes that reliable information can be obtained. Of course, the FDCPA annotated statutes are far too large to be presented on a blog so a special website has been created to bring you the annotated statutes and by their use you can avoid the nonsense spouted on such message forums as artofcredit, creditnet, creditboards and many others who suppose that they can give you accurate information.
Stay away from them because they will end up leading you astray.
UNITED STATES CODE ANNOTATED
TITLE 15. COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER V--DEBT COLLECTION PRACTICES
No claim to Orig. U.S. Govt. Works.
Current through P.L. 107-48, approved 10-12-01
§ 1692a. Definitions
As used in this subchapter--
(1) The term "Commission" means the Federal Trade Commission.
(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.
(4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.
(5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f(6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include--
(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;
(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;
(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;
(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;
(E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and
(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.
(7) The term "location information" means a consumer's place of abode and his telephone number at such place, or his place of employment.
(8) The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.
CREDIT(S)
1997 Main Volume
(Pub.L. 90-321, Title VIII, § 803, as added Pub.L. 95-109, Sept. 20, 1977, 91 Stat. 875, and amended Pub.L. 99-361, July 9, 1986, 100 Stat. 768.)
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
1968 Acts. House Report No. 1040 and Conference Report No. 1397, see 1968 U.S. Code Cong. and Adm. News, p. 1962.
1977 Acts. Senate Report No. 95-382, see 1977 U.S. Code Cong. and Adm. News, p. 1695.
1986 Acts. House Report No. 99-405, see 1986 U.S. Code Cong. and Adm. News, p. 1752.
Amendments
1986 Amendments. Par. (6). Pub.L. 99-361 in provision preceding subpar. (A) substituted "clause (F)" for "clause (G)", in subpar. (E) inserted "and" after "creditor;", struck out subpar. (F), which excluded from the term "debt collector" any attorney-at-law collecting a debt as an attorney on behalf of and in the name of a client, and redesignated subpar. (G) as (F).
CROSS REFERENCES
Private counsel as debt collector, see 31 USCA § 3718.
AMERICAN LAW REPORTS
Validity, construction, and application of state statutes prohibiting abusive or coercive debt collection practices. 87 ALR3d 786.
What constitutes "debt" for purposes of Fair Debt Collection Practices Act (15 U.S.C.A. § 1692A(5)). 159 ALR Fed 121.
What constitutes "debt" and "debt collector" for purposes of Fair Debt Collection Practices Act (15 U.S.C.A. § 1692(a)(5), (6)). 62 ALR Fed 552.
LIBRARY REFERENCES
Administrative Law
Fair Debt Collection Practices Act, scope and coverage, see West's Federal Administrative Practice § 3512.
Limitations on communications, see West's Federal Administrative Practice § 3514.
Encyclopedias
17 Am. Jur. 2d, Consumer and Borrower Protection § § 194, 197-199,201, 202
Law Review and Journal Commentaries
Acceleration notices and demand letters. Manuel H. Newburger, 47 Consumer Fin.L.Q.Rep. 338 (1993).
Fair Debt Collection Practices Act: Attorneys beware, you too may be a debt collector. Janet Flaccus, 1987 Ark.L.Notes 11.
Fair Debt Collection Practices Act: Emerging source of liability for attorneys. Christopher A. Golden, 69 N.Y.St.B.J. 14 (Feb. 1997).
Guidelines for consumer debt collection by attorneys under the 1986 Amendment to the Fair Debt Collection Practices Act. Michael K. Sweig, 21 New Eng.L.Rev. 697 (1985-86).
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