FDCPA Statute

Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices Act (FDCPA) is an important consumer law that is a part of the Consumer Credit Protection Act. It protects consumers from unfair, deceptive and abusive debt collectors and collection harassment. Among other things, the FDCPA prohibits debt collectors from harassing and abusing a consumer, reporting inaccurate information about a debt, suing a consumer after the statute of limitations has expired, and contacting most third parties such as neighbors. In addition, the FDCPA gives the consumer the right to demand that the debt collector provide verification of a debt (called validation) and cease contact if such a demand is made properly by the consumer. If a consumer proves that a debt collector violated the law, the FDPCA provides that a consumer may recover statutory damages up to $1000, as well as any actual damages.

 § 1692. What Congress Found in Passing the Law

This is exactly what Congress found was going on in the collection industry which caused it to pass the FDCPA:

(a) Abusive practices

There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. 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.

(b) Inadequacy of laws

Existing laws and procedures for redressing these injuries are inadequate to protect consumers.

(c) Available non-abusive collection methods

Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.

(d) Interstate commerce

Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.

(e) Purposes

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.

§ 1692a. Definitions—The following are the definitions for the terms found in the FDCPA

(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 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. 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;

(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;

(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

(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.

(7) The term “location information” means a consumer’s place of abode and his telephone number at such place, or his place of employment.

(8) The term “State” means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.

§ 1692b. Acquisition of location information—The FDCPA limits the contacts that a debt collector can have with third parties about a consumer’s debt. One of the exceptions is when the debt collector is just looking for information about where the consumer is located. But the FDCPA is very specific as to what the debt collector can and cannot say in such a situation. Here is what the law says:

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall–

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

(4) not communicate by post card;

(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.

§ 1692c. Communication in connection with debt collection—The FDCPA limits what types of communications a debt collector can and cannot have with a consumer.

(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; Example: Calling too early or too late

(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

Example: When the consumer is represented by a lawyer, contacting the consumer directly

(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.

Example: Calling the consumer at work after the consumer has told the debt collector he or she cannot take calls at their place of employment

(b) Communication with third parties

Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

Example: Debt Collector speaking with neighbors, parents or children of the consumer

(c) Ceasing communication

If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except–

Example: Continued and repeated contact with the consumer despite the consumer having sent a cease and desist letter;

(1) to advise the consumer that the debt collector’s further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) “Consumer” defined

For the purpose of this section, the term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

§ 1692d. Harassment or abuse—Harassment and/or abuse by a debt collector is prohibited by the FDCPA. The FDCPA lists specifically what kinds of acts constitute abuse or harassment. They include:

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:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

Example: threatening violence or injury to the consumer, damage to house or car, or to embarrass the consumer to his or her neighbors/family;

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. Example: cursing to the consumer

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3) of this title.

Example: public disclosure of a consumer’s debts

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

Example: repeated calls on a daily or weekly basis;

(6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.

Example: debt collector failing to tell consumer who they are , what company they work for, etc.

§ 1692e. False or misleading representations—In addition to prohibiting abuse and harassment, the FDCPA prohibits debt collectors from making false or misleading statements or statements in an effort to coerce payment of the debt. The FDCPA specifically defines what types of statements are false and/or misleading.

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

Example: Using a symbol on a letter or stating in a phone call or letter which suggest that the debt collector is somehow working with or part of a government;

(2) The false representation of–

(A) the character, amount, or legal status of any debt; or

Examples: Stating the consumer owes more than they actually do, or that the debt collector can sue on a debt that is barred by the statute of limitations;

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

Example: that if the consumer pays the debt, the debt collector or someone else will pay the consumer;

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

Example: Lawyers sending mass form letters which suggest that the lawyer is involved in collecting the debt;

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

Example: threatening that a consumer can be arrested for non-payment of a debt, or that his or her wages can be garnished if the state he or she resides in prohibits garnishment;

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

Example: like 4 above but would include threats of suit when the debt collector doesn’t sue or cannot sue in the consumer’s forum, threatening suit far away;

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to–

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this subchapter.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

Example of this would be telling a consumer that a debt will stay on the consumer’s credit report beyond the time-period permitted by the FCRA or that the debt collector has reported a debt to a credit bureau when they haven’t).

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

(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 innocent purchasers for value.

(13) The false representation or implication that documents are legal process.

(14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.

(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a(f) of this title.

§ 1692f. Unfair practices—The FDCPA prohibits debt collectors from engaging in tactics which would clearly be unfair to a consumer. The following is a list of prohibited unfair tactics:

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

(5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if–

(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;

(B) there is no present intention to take possession of the property; or

(C) the property is exempt by law from such dispossession or disablement.

(7) Communicating with a consumer regarding a debt by post card.

(8) Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

§ 1692g. Debt Validation–This section gives consumers the right to demand that a debt collector provide verification of a debt. For example, if the consumer disputed the debt as not being his or hers and demanded verification of it, this would require the debt collector to provide some evidence showing the consumer’s liability (like a credit application or receipt for a purchase.

(a) Notice of debt; contents

Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing–

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) Disputed debts

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) of this section 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. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

(c) Admission of liability

The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

(d) Legal pleadings

A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a) of this section.

(e) Notice provisions

The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by the Internal Revenue Code of 1986, chapter 94 of this title [15 U.S.C.A. § 6801 et seq.], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.

§ 1692h. 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.

§ 1692i. Lawsuits —This section limits how and where a debt collector can sue a consumer for a debt:

(a) Venue

Any debt collector who brings any legal action on a debt against any consumer shall–

(1) in the case of an action to enforce an interest in real property securing the consumer’s obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity–

(A) in which such consumer signed the contract sued upon; or

(B) in which such consumer resides at the commencement of the action.

(b) Authorization of actions

Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.

§ 1692j. Furnishing certain deceptive forms—Debt Collectors cannot use deceptive forms which trick a consumer into paying a debt.

(a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

(b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.

§ 1692k. Civil liability—If a debt collector violates the FDPCA, the consumer can sue the company AND recover attorney’s fees and costs.

(a) Amount of damages

Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of–

(1) any actual damage sustained by such person as a result of such failure;

(2)(A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and

(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court. 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.

(b) Factors considered by court

In determining the amount of liability in any action under subsection (a) of this section, the court shall consider, among other relevant factors–

(1) in any individual action under subsection (a)(2)(A) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or

(2) in any class action under subsection (a)(2)(B) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector’s noncompliance was intentional.

(c) Intent

A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

(d) Jurisdiction

An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.

(e) Advisory opinions of Commission

No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

§ 1692Administrative enforcement

(a) Federal Trade Commission

Compliance with this subchapter shall be enforced by the Commission, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another agency under subsection (b) of this section. For purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act [15 U.S.C.A. § 41 et seq.], a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Commission under the Federal Trade Commission Act are available to the 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 in 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.

(b) Applicable provisions of law

Compliance with any requirements imposed under this subchapter shall be enforced under–

(1) section 8 of the Federal Deposit Insurance Act [12 U.S.C.A. § 1818], in the case of–

(A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency;

(B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) [FN1] of the Federal Reserve Act [12 U.S.C.A. §§ 601 et seq., 611 et seq.], by the Board of Governors of the Federal Reserve System; and

(C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation;

(2) section 8 of the Federal Deposit Insurance Act [12 U.S.C.A. § 1818], by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation;

(3) the Federal Credit Union Act [12 U.S.C.A. § 1751 et seq.], by the National Credit Union Administration Board with respect to any Federal credit union;

(4) subtitle IV of Title 49, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board;

(5) part A of subtitle VII of Title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part; and

(6) the Packers and Stockyards Act, 1921 [7 U.S.C.A. § 181 et seq.] (except as provided in section 406 of that Act [7 U.S.C.A. §§ 226, 227]), by the Secretary of Agriculture with respect to any activities subject to that Act.

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.S.C. 1813(s)) shall have the meaning given to them in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).

(c) Agency powers

For the purpose of the exercise by any agency referred to in subsection (b) of this section of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. 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.

(d) Rules and regulations

Neither the Commission nor any other agency referred to in subsection (b) of this section may promulgate trade regulation rules or other regulations with respect to the collection of debts by debt collectors as defined in this subchapter.

See References in Text note below.

§ 1692m. Reports to Congress by the Commission; views of other Federal agencies

(a) Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Commission shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Commission deems necessary or appropriate. In addition, each report of the Commission 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 Commission under section 1692 of this title.

(b) In the exercise of its functions under this subchapter, the Commission may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692 of this title.

§ 1692n. Relation to State laws

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.

§ 1692Exemption for State regulation

The Commission shall by regulation exempt from the requirements of this subchapter any class of debt collection practices within any State if the Commission 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.


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jjbyrd04
20:58 05 Feb 20
General Motors has let technology surpass quality, as I discovered after purchasing a 2015 Chevy Silverado LTZ. I had... problems with transmission and heating and cooling. I took it to several dealerships and it was the same story, "it's the nature of the vehicle" or "could not duplicate" or they wouldn't even look at it. I had one law office from Detroit contact me and I sent them all the receipts and documentation that I took the truck in because I had a complaint. After several months of waiting to see what they was going to do for me I got a letter from them saying 'they just dropped my case'. Then I got a letter from Kahn and Associates, at first I was very skeptical, but I sent them the same documentation that I sent the other firm and it wasn't long after that I got positive results. GM made an offer and we settled. It was a substantial amount, therefore in my opinion GM knew there product was substandard, and admitted the same by making a settlement. I would recommend, Kahn and Associates, to anybody that has a GM product and the documentation of proof to get satisfaction for buying a lemon. The truck only has 50K miles on it and the defrost system still leaves coolant on the inside of the windshield. I'm on my way to the bank now and when the weather get's a little better I'll have the heat system replaced thanks to Kahn and Associates.read more
David Bradley
David Bradley
20:14 05 Feb 20
Khan & Associates, LLC took on my case against GM and were very transparent in all the communications I had with them. The... entire process was seamless.read more
Benjamin Chukwumah
Benjamin Chukwumah
20:14 27 Jan 20
Gave us great advice over the phone about our car, and were able to reach a good settlement.
Michael Felton
Michael Felton
20:26 23 Jan 20
Courteous, upfront, honest, and always available! Couldn’t really ask for more. Highly recommended.
Jaleesa Lee
Jaleesa Lee
14:52 23 Jan 20
Kahn and Associates helped me with my lemon. I received my check and no longer have to worry about that car anymore. This... firm kept me in the loop and explained everything to me. If it wasn’t for Kahn and Associates I would be stuck with a lemon. Thank you all for you did for me!!read more
Cathy Reyes
Cathy Reyes
21:33 17 Jan 20
Like any legal issue I was extremely worried about even making the call. I'm glad I did, Bo took carry of everything.... Communication was amazing they went above and beyond. I was never confused about the next steps. They were 100% what they had advertised. If you feel like these guys might be able to help I urge you to call.read more
James Hufford
James Hufford
18:54 13 Jan 20
Very helpful! Returned calls after hours. I would absolutely recommend them! Very dedicated team.
Desha Jones
Desha Jones
13:22 09 Jan 20
Super friendly down to earth and knowledgeable . Bo responds to emails and calls immediately ..thus far I highly recommend
Just Me
Just Me
17:29 05 Jan 20
I had an issue with my vehicle being inoperational during a factory recall. This law firm sent me a letter that discussed... the widespread complaints of owners of the same make and model car that I owned which surprisingly I had been experiencing some of these very issues. I called and spoke to the law firm and they told me about lemon law consumer rights. They filed a suit and negotiated a settlement. The money I received was enough to cover the gap in the amount I got for my vehicle versus what I still owed after trading the car in. I would have never thought of suing myself. Dan Scharville was knowledgeable and persistent in fighting for me. Thanks!!read more
Kristen Campbell
Kristen Campbell
14:40 02 Jan 20
Amazing experience with them! Extremely pleased with everything. Jordan is extremely helpful and replies within one business... day! Highly recommend them! Thanks so much for all your hard work!read more
Kayla Mowery
Kayla Mowery
23:56 19 Dec 19
Easy, no hassle, & ethical. They made the process very easy and communicated throughout the process. They were able to... recovery my out of pocket costs as well as additional funds. I highly recommend engaging them if you have or suspect your vehicle may be a Lemon.read more
Christopher Green
Christopher Green
18:18 19 Dec 19
Bo Jeffries with Kahn and Associates is awesome! I originally went to a big law firm in Columbus for my settlement case... and they completely dropped the ball and wasted 6 months of my time.My wife found Kahn and Associates online. They were very responsive from the start. Bo Jeffries was assigned to my case. He was point blank with no run around. Within 6 months my case was resolved.Thank you Bo and Kahn and Associates for all your help! I would definitely use this fantastic law firm again.read more
J Rock
J Rock
06:01 17 Dec 19
Bo is the BEST! Great listener, great communicator. Answers all your questions, promptly returns calls and proven to give ... great results. Highly recommend BO! Thank you Bo you changed our lives!read more
Greg Brown
Greg Brown
02:44 13 Dec 19
Highly recommend Kahn & Associates. I was disappointed that the auto manufacturer would not stand behind the issues I was... having with my vehicle. Kahn & Associates made to process very simple from my perspective to filing a claim under the Ohio lemon law. I was very happen with the settlement that I received and with the time frame to receive it.read more
Mike Hassinger
Mike Hassinger
23:44 29 Nov 19
I would highly recommend Kahn & Associates to anyone seeking legal representation for lemon cars. They provide service that... is fair, honest and will keep your best interest. I would not hesitate to seek representation from Then again.read more
Ashley Hammons
Ashley Hammons
20:21 26 Nov 19
I thought I'd chosen wisely and relied on past experience to guide me in my selection. You see, my truck is the life of my... business and having a dependable vehicle is key to successfully servicing my customers. That's why I was devastated when the dealer told me it needed a new engine. It wasn't a year old and it had already been in the shop more than a month. Delays and service appointments were biting into my schedule and I couldn't keep hoping "the next time", they'll figure it out. That's when I called Kahn & Associates. Their knowledgeable staff guided me through each step and before you knew it, the Manufacturer had agreed to a cash settlement or to take the vehicle back and give me a refund. Don't get pushed around. Know your rights. You shouldn't have to feel stressed over problems with a new vehicle. Kahn & Associates fought for me and they'll fight for you too... I highly recommend them....read more
bee vguy
bee vguy
21:19 05 Nov 19
Both the lawyers and the paralegal, Ms. Victoria Eck, did a fine job of helping me through the process to a successful... conclusion. Many thanks to Kahn and Associates.read more
Mark Hennis
Mark Hennis
19:45 19 Oct 19
I had a great experience with this firm. They are extremely knowledgeable and very prompt with all their action. I was... treated first-class throughout the entire process and would highly suggest using them!read more
Ryan Fitch
Ryan Fitch
12:59 04 Oct 19
Long story short. I brought a 2018 Lemon from Spitzer on West 130th. Kahn & Associates provided me exceptional legal advice... and assistance resulting in a compensation package. Kahn & Associates are fair, honest and they work for the client not the large corporations. Highly Recommend.read more
Quadra Brown
Quadra Brown
20:21 03 Oct 19
Just started working with them and so far the service is excellent!
Anthony in 2nd grade
Anthony in 2nd grade
15:08 23 Sep 19
these folks did a GREAT JOB settling my ISSUES W/ GM SHORT QUICK to the POINT THANKS KAHN & ASSOCIATES!!!!
charles chanay
charles chanay
13:56 20 Sep 19
What a professional firm they came through with everything they said. I finally was able to get compensated for the2016... lemon Ford. I just got rid of it very happy they came through would recommend them to anybody.Im driving a new G.M.C.now a big thanks to Kahn & Associates.read more
Art Hill
Art Hill
19:34 09 Sep 19
Kahn & Associates, LLC is definitely a 5 star company. I very highly recommend Bo Jeffries and staff to help you with your... lemon. They helped get me a fair compensation to fix all of the issues I have with my 2014 Equinox.read more
Tammy Lampe
Tammy Lampe
18:32 31 Aug 19
Was a pleasure to work with and very helpful got a great settlement on my Chrysler 200 thank you very much
David Agsten
David Agsten
16:21 15 Aug 19
Excellent customer service. Swift! I would recommend and use them again. 😊
VaNilla P
VaNilla P
04:34 07 Aug 19
Excellent Service and very helpful when I had questions.
Amy Long
Amy Long
12:08 23 Jul 19
Very great experience, very seamless and Bo made sure to stay in communication throughout the entire process.
Treasure Brown
Treasure Brown
14:00 22 Jul 19
Outstanding service. Made my settlement very easy and rewarding!
Dean Layman
Dean Layman
18:19 30 Jun 19
I just called this office today because no other firm would call me back and the lady I talked to said they are sending me... paperwork to get my SSI case going so to me thats just great and they have a 5 star rate so glad I found you online.read more
John Whitmore
John Whitmore
00:00 29 Jun 19
From my very first phone contact till my last conversation I had with this firm, I was totally impressed with their... friendly and professional service. Bo Jeffries kept me informed through the entire process and made my experience a good one. I truly would recommend them to my friends and family.read more
Vivian Widmer
Vivian Widmer
23:05 24 Jun 19
I was referred to Kahn & Associates when we were having significant issues with a FCA product. Bo Jeffries, Esq., and his... entire staff worked very hard to make a reasonable settlement agreement and avoid unnecessary litigation. The process took several months (as is common). We did reach an agreement that was reasonable and DID avoid litigation. I HIGHLY recommend this Law firm. They are also very nice people and communicate the ongoing process at every step to avoid any surprises. They get an A+++Thanks again to Bo and staff!!read more
Peter S
Peter S
17:39 12 Jun 19
Thanks for your professional services in helping us to collect on our Ford Fusion engine issues. We would have been at a... lost not knowing what to do but received a letter from you because of so many recalls on other parts. We kept the letter for that reason but within a month started having issues with the engine . It did take about 5 1/2 mths to collect so my advice to anyone is to be patient and call them with any questions. They were very helpful.read more
Alisa Findley
Alisa Findley
12:42 10 Jun 19
Very well informed about their knowledge in Laws and guidance on your direction or actions to take.I felt very confident in... my choice of choosing this Law firm. My attorney absolutely made me feel like I was in great hands and I have all my faith into this Firm! I'd give them 10 stars if I could!!read more
Dawn Marie Buffalohead
Dawn Marie Buffalohead
15:00 24 May 19
Great experience, fast communication. Would recommend!
sarah krussell
sarah krussell
12:49 24 May 19
I want to thank Bo and the team for the great job they did for me. I am so happy I gave your office a call! I would... definitely recommend them to anyone who needs help if you have a lemon. Thanks again!!read more
Tracy Jackowski
Tracy Jackowski
17:14 22 May 19
Very easy to deal with! They certainly know their business!
Chris Cowell
Chris Cowell
13:24 19 May 19
Very pleased with the results in the settlement on our Jeep Cherokee.thanks again.
Henry Koch
Henry Koch
22:27 18 May 19
The legal services of Kahn & Associates aided immeasurably in the successful preparation and completion of my Lemon Law... claim.read more
Nathan Henkel
Nathan Henkel
12:40 28 Apr 19
Very nice and knowledgeable group of people. They made the whole experience easy. Thank alot.
tammy waddle
tammy waddle
14:35 24 Mar 19
This firm took my case when many others said I had no case. I got a very appropriate settlement for my case. In a very quick... and timely manner. Their staff all the way from paralegals to the attorneys assigned to my case were exemplary in their efforts in representing me I would highly recommend this companyread more
Bill W
Bill W
21:13 18 Mar 19
This company was a dream come true. I was going through so much with my new car and the dealership. When I had my first... conversation with a employee at Kahn Associates they told me to not worry they will get to the bottom of the problem. Every step of the way someone reached out to me and kept me updated on the progress of my case. I will use this company again staff was very nice and listen to my concerns. I will always refer Kahn & Associates to others in need.read more
anna young
anna young
19:21 06 Mar 19
Thank you guys so much for helping us out with our vehicle. We got way more then expected and very satisfied. I will... recomend you to everyone. Thanks again so much.read more
Kristie Farris
Kristie Farris
21:38 04 Feb 19
we didn't think we had a chance and you folks gave us a pocket full of money thank you so much
Joseph Kirkman
Joseph Kirkman
11:26 04 Feb 19
Kahn & Associates was refreshingly easy to work with. I came to them with my lemon and the lawyer, Bo Jeffries, did... everything for me! The manufacturer was aware of my problem within days, and after that we quickly made progress. Thank you for making a terrible experience soooo much easier!!! I am now in a new vehicle thanks to them.read more
Jenna Pedersen
Jenna Pedersen
12:22 25 Jan 19
Kahn & Associates,Dean & I would like to thank you and your team from the bottom of our hearts. We are very satisfied with... all of the great work & effort your team has put forth so that we can have some peace of mind. We’ve received the check and we will be taking the car into the shop for some repairs. We will take it step-by-step to get to the root of the car problems. Your cooperation in this matter was greatly appreciated. We give you and your team five stars, we would highly recommend you & your team’s services to anyone with car problems such as ours. We wish you and your team all the best in the coming years and through out the future. Best wishes. Sincerely, Dean and Maryread more
M Lopez
M Lopez
18:41 22 Jan 19
I would recommend this Law Office to everyone, they worked very quick to get my case going. The attorney stayed in touch... with me and was very up front with everything and included me in every decision made. I appreciate your hard work.read more
Mildred Brown
Mildred Brown
00:18 15 Jan 19
I am totally satisfied with Kahn&Associates they were very helpful in setteling my lawsuite against Ford company concerning... my automobile.read more
conrad warren
conrad warren
19:00 15 Dec 18
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