The following chapters contain general information about the fair debt collection practices act.
- SECTION L — Administrative Enforcement
- SECTION M– Reports to Congress
- SECTION N– Relations to State Laws
- SECTION O– Exemption for State Regulation
- — Effective Date
SECTION L — ADMINISTRATIVE ENFORCEMENT
Section L provides that the principal [53 Fed. Reg. 50110] federal enforcement agency for the FDCPA is the Federal Trade Commission, but assigns enforcement power to other authorities empowered by certain federal statutes to regulate financial, agricultural, and transportation activities, where FDCPA violations relate to acts subject to those laws.
Section M requires the Commission to submit an annual report to Congress which discusses its enforcement and other activities administering the FDCPA, assesses the degree of compliance, and makes recommendations.
Section N provides that the FDCPA preempts state laws only to the extent that those laws are inconsistent with any provision of the FDCPA, and then only to the extent of the inconsistency. A state law is not inconsistent if it gives consumers greater protection than the FDCPA.
1. Inconsistent laws. Where a state law provides protection to the consumer equal to, or greater than, the FDCPA, it is not preempted by the federal statute.
Section O orders the Commission to exempt any class of debt collection practices from the FDCPA within any state if it determines that state laws regulating those practices are substantially similar to the FDCPA, and contain adequate provision for enforcement.
1. State exemptions. A state with a debt collection law may apply to the Commission for an exemption. The Commission must grant the exemption if the state’s law is substantially similar to the FDCPA, and there is adequate provision for enforcement. The Commission has published procedures for processing such applications (16 CFR 901).
Section 818 provides that the FDCPA took effect six months from the date of its enactment.
1. Key dates. The FDCPA was approved September 20, 1977, and became effective March 20, 1978.
If you believe you are a victim of unfair or illegal debt collection tactics, submit your information to a FREE* Fair Debt Lawyer by:
- Clicking here for a FREE* Fair Debt Case Review;
- Calling toll free 888-FDCPA-LAW (888-332-7252);
- Clicking here to locate a FREE* Fair Debt Lawyer.
The debt collector may just be liable to you for statutory damages of up to $1,000, plus any actual damages suffered, plus attorney fees!