Fair Debt Collection Practices Act
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Without limiting the general application of the foregoing, the following conduct is a violation of this section:. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. B any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Such charges include, but are not limited to, collect telephone calls and telegram fees.
A there is no present right to possession of the property claimed as collateral through an enforceable security interest;. Collection activities and communications that do not otherwise violate this subchapter may continue during the day period referred to in subsection a unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions.
On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.
The terms used in paragraph 1 that are not defined in this subchapter or otherwise defined in section 3 s of the Federal Deposit Insurance Act 12 U. In addition to its powers under any provision of law specifically referred to in subsection b of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this subchapter any other authority conferred on it by law, except as provided in subsection d of this section.
In addition, each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau under section l of this title.
This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter.
The Bureau shall by regulation exempt from the requirements of this subchapter any class of debt collection practices within any State if the Bureau determines that under the law of that State that class of debt collection practices is subject to requirements substantially similar to those imposed by this subchapter, and that there is adequate provision for enforcement.
This title takes effect upon the expiration of six months after the date of its enactment, but section shall apply only with respect to debts for which the initial attempt to collect occurs after such effective date. Public Law September 20, Amendments: Fair Debt Collection Practices Act. Congressional findings and declarations of purpose a Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors.
Communication in connection with debt collection a Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- 1 at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer.
In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer's location; 2 if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or 3 at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
If such notice from the consumer is made by mail, notification shall be complete upon receipt. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Multiple debts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions.
On October 16, , the Associated Press reported that Microsoft has stopped appealing the December decision and has withdrawn the appeal. On February 28, , the KFTC declared, "Through a meeting held from February 23rd through the 25th, we have decided to take appropriate action against the following 15 online music-related companies: The FTC alleged that the companies decided to rig the market once non-DRM digital rights management digital songs were allowed to be downloaded, starting May previously, only DRM songs were allowed on the market.
Non-DRM songs allow for infinite downloads, which led companies to discontinue products and certificates that catered to non-DRM songs. Thirteen of the companies listed above also stopped distributing songs to services which offered infinite downloads, thus rigging the market.
A representative of the FTC revealed, "In order to block competition coming from smaller businesses, the companies listed above rigged their own prices. By rigging the prices in compliance with one another, they placed great harm on the consumers and other businesses in the industry. Indeed, by equalizing the prices of their products, they've made the music industry believe that such a phenomenon was permanent. They have completely set up a blockade against the production of products that fit in different price categories.
This is a violation of the consumer's right of choice. The representative continued, "With this action, we hope that consumers will be able to spend less in order to enjoy a greater diversity of products. This is the first action being taken for the online music industry. No one is free when prices are rigged, so we hope other companies support this effort. From Wikipedia, the free encyclopedia.
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