NCJ Number
47228
Date Published
1977
Length
11 pages
Annotation
AMENDMENTS TO THE CONSUMER CREDIT PROTECTION ACT, ENACTED AS PUBLIC LAW 95-109 (1977) AND DESIGNATED AS THE 'FAIR DEBT COLLECTION PRACTICES ACT,' ARE REPRODUCED.
Abstract
THE OBJECTIVES OF THE TITLE 8 AMENDMENTS ARE TO ELIMINATE ABUSIVE DEBT COLLECTION PRACTICES, TO INSURE THAT THOSE ENGAGING IN FAIR PRACTICES ARE NOT COMPETITIVELY DISADVANTAGED, AND TO PROMOTE CONSISTENT STATE ACTION IN THE PROTECTION OF CONSUMERS FROM ABUSIVE DEBT COLLECTION PRACTICES. DEFINITIONS USED IN THIS TITLE ARE PRESENTED. IN ACQUIRING INFORMATION FOR LOCATIONING THE CONSUMER, THE COLLECTOR MUST ADEQUATELY IDENTIFY HIMSELF AND NOT DIVULGE TO ANYONE THAT THE CONSUMER IS IN DEBT. THE COLLECTOR MAY NOT COMMUNICATE WITH THE COMSUMER AT ANY UNUSUAL TIME OR PLACE, OR AT THE CONSUMER'S PLACE OF EMPLOYMENT IF SUCH COMMUNICATION IS PROHIBITED BY THE EMPLOYER. WHERE THE CONSUMER IS REPRESENTED BY AN ATTORNEY, THE COLLECTOR SHALL NOT COMMUNICATE WITH ANYONE OTHER THAN THE ATTORNEY. IF THE CONSUMER REQUESTS THE COLLECTOR TO CEASE COMMUNICATION, THE COLLECTOR SHOULD COMPLY, EXCEPT TO NOTIFY THE CONSUMER THAT ALL COLLECTION EFFORTS HAVE BEEN TERMINATED, OR TO EXPRESS AN INTENT TO INVOKE SPECIFIED REMEDIES. FURTHER, THE COLLECTOR MAY NOT HARRASS, OPPRESS, OR ABUSE THE CONSUMER, OR USE FALSE, DECEPTIVE, OR MISLEADING REPRESENTATIONS IN CONNECTION WITH THE COLLECTION OF A DEBT. TYPES OF CONDUCTS THAT ARE PROHIBITED ARE SPECIFIED. THE COLLECTOR CANNOT USE UNFAIR OR UNCONSCIONABLE PRACTICES AS A MEANS OF COLLECTION; THESE PRACTICES ARE LISTED. PROCEDURES FOR THE VALIDATION OF DEBTS, THE CREDITING OF PAYMENTS IN CASES OF MULTIPLE DEBTS, AND LEGAL ACTIONS BY DEBT COLLECTORS ARE OUTLINED. IT IS UNLAWFUL TO DESIGN, COMPILE, OR FURNISH A FORM KNOWINGLY TO CAUSE THE CONSUMER TO BELIEVE THAT A THIRD PARTY IS PARTICIPATING IN THE DEBT COLLECTION. INTENTIONAL FAILURE TO COMPLY WITH TITLE 8 PROVISIONS WILL RENDER THE DEBT COLLECTOR LIABLE TO CIVIL ACTION. ADMINISTRATIVE ENFORCEMENT OF TITLE 8 WILL BE THE RESPONSIBILITY OF THE COMMISSION UNDER THE FEDERAL TRADE COMMISSION ACT. THE COMMISSION IS EXPECTED TO ASSESS THE EXTENT OF COMPLIANCE AND WILL REPORT SUCH COMPLIANCE AND A SUMMARY OF ENFORCEMENT ACTION TAKEN BY THE COMMISSION ANNUALLY TO CONGRESS. RELATIONSHIP OF TITLE 8 TO STATE LAWS IS BRIEFLY DISCUSSED. TITLE 8 IS EFFECTIVE AS OF MARCH 20, 1978. (JAP)