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Debt Relief:Fair Debt Collection Act: Difference between revisions
Debt Relief:Fair Debt Collection Act (view source)
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[[Debt Relief | Debt Relief Home Page]] | |||
THE FAIR DEBT COLLECTION PRACTICES ACT | THE FAIR DEBT COLLECTION PRACTICES ACT | ||
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TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act] | TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act] | ||
Sec. 801. Short Title 802. Congressional findings and declaration of purpose 803. Definitions 804. Acquisition of location information 805. | Sec. 801. Short Title 802. Congressional findings and declaration of purpose 803. Definitions 804. Acquisition of location information 805. C | ||
ommunication in conne | |||
ction with debt collec | |||
tion 806. Harassment or abuse 807. False or misleading representations 808. Unfair practice 809. Validation of debts 810. Multiple debts 811. Legal actions by debt collectors 812. Furnishing certain deceptive forms 813. Civil liability 814. Administrative enforcement 815. Reports to Congress by the Commission 816. Relation to State laws 817. Exemption for State regulation 818. Effective date | tion 806. Harassment or abuse 807. False or misleading representations 808. Unfair practice 809. Validation of debts 810. Multiple debts 811. Legal actions by debt collectors 812. Furnishing certain deceptive forms 813. Civil liability 814. Administrative enforcement 815. Reports to Congress by the Commission 816. Relation to State laws 817. Exemption for State regulation 818. Effective date | ||
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(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 | (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. | (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. | (7) The term "location information" means a consumer's place of abode and his telephone number at such place, or his place of employment. | ||
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(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. | (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. | ||
(12) The false representation or implication that accounts have been turned over to | (12) The false representation or implication that accounts have been turned over to in | ||
nocent purchasers for value. | |||
(13) The false representation or implication that documents are legal process. | (13) The false representation or implication that documents are legal process. | ||