Appendix A: The Fair Debt Collection Practices Act

Author:Gregory Germain
Pages:395-402
 
FREE EXCERPT
395
APPENDIX A: The Fair Debt Collection Practices Act
15 U.S.C. 1601 et seq
[Note: bolding has been added to the original text.]
[T]he Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end
thereof the following new title:
§ 801. Short Title [15 USC 1601 note] This title may be cited as the "Fair Debt Collection Practices
Act."
§ 802. Congressional findings and declarations of purpose [15 USC 1692] [omitted]
§ 803. Definitions [15 USC 1692a]. As used in this title --
(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 808(6),
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;
[Omitted captive debt collectors, government collectors, process servers; credit
counselors, escrow agents and secured parties, and debts assigned when not in default]
(7) The term "location information" means a consumer's place of abode and his telephone
number at such place, or his place of employment.

To continue reading

FREE SIGN UP