Debt collection9/4/2023 ![]() (A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor For the purpose of section 1692f(6) of this title, 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. 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. (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. (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. (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. (3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt. (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium. (1) The term "Bureau" means the Bureau of Consumer Financial Protection. This subchapter known as the "Fair Debt Collection Practices Act", see Short Title note set out under section 1601 of this title. 2004, provided that: "This title takes effect upon the expiration of six months after the date of its enactment, but section 809 shall apply only with respect to debts for which the initial attempt to collect occurs after such effective date." Short Title Statutory Notes and Related Subsidiaries Effective Date It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. (d) Interstate commerceĪbusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. (c) Available non-abusive collection methods (b) Inadequacy of lawsĮxisting laws and procedures for redressing these injuries are inadequate to protect consumers. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Congressional findings and declaration of purpose (a) Abusive practices From Title 15-COMMERCE AND TRADE CHAPTER 41-CONSUMER CREDIT PROTECTION SUBCHAPTER V-DEBT COLLECTION PRACTICES §1692.
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