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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Marko Dzinovic
Marko Dzinovic
Kahn & Associates worked quickly to settle my claim against Ford Motor Co. involving my 2018 Focus transmission. Although... there is no way Ford will do a buy-back, the good folks at Kahn & Associates cut me a break on their fees so that I may use the settlement to purchase an extended warranty to cover the Focus as long as I own it.Thanks Guys & Galsread more
Bill Graser
Bill Graser
Would work with this firm again.
Chad Leopold
Chad Leopold
I can't stress enough how happy I am with the services that I received from the entire staff. I had a '22 jeep gladiator... that left me stranded on the side of the road. I reached out to see what my options were. We proceeded with the lemon buyback. The process started in February and took until October to be finalized at no fault of this firm. Throughout the entire time, the service and communication was exceptional. If I ever had any questions, they were answered within a couple hours. Thank you for all your help!read more
Scott Vojtkofsky
Scott Vojtkofsky
Khan and Associates did a terrific job on my lemon law case! My attorney; Dan Scharville and his teammates Victoria and... Jordan did a great job of keeping things on pace. I thought I was their only client! I really liked the check they sent me too!Thanks again!read more
Scott Frisky
Scott Frisky
Awesome experience with Kahn & Associates, LLC
Benita Parker
Benita Parker
Help me get a resolution would definitely recommend
Michael Findo
Michael Findo
This turned out to be smooth process thanks to Kahn & Associates.
Matt Robison
Matt Robison
We were involved in the 2020 Jeep Gladiator Lemon Law Suite. Kahn & Associates were amazing and made this process so easy... for us. We are very grateful for all of their help.read more
genia carter
genia carter
Khan and Associates were very professional and accomdating with good end results. We highly recommend them.
David Martin
David Martin
I bought a 2021 Ford Expedition, brand new, and custom built. From day 1 there were issues, more visits to the dealer than... I can count, and alway told" the issue could not be replicated " . I felt that I was not heard and that Noone took my concern seriously. I contacted Kahn and Associates after coming to my breaking point in July of 2023, by August I had my settlement agreement, which I countered, and in September they were able to receive the compensation and disburse funds. I would say that the more Information that you have, the faster the firm can work, and the entire staff was very quick to respond to my questions.Thanks again!read more
ashley Stewart
ashley Stewart
They worked hard to get GM to paid for the problems I had with a 2021 chevy silverado. These lawyers work for you not the... car manufacturer and get results. It takes time like everything else. They never gave in and was able to get an award that satisfy me.read more
Dean Butte
Dean Butte
I wantto say Kahn And Associates in Independence is the best. I contacted them for a lemon law case on my 2023 Mazda CX-50.... They really took the time to explain everything to me about my case I didn't think I had a case but Khan AND Associates won me my lemon law case. THEY are VERY professional I would recommend them to anyone and will use them again.I am so glad that I gave them an opportunity to handle and do business with this law firm.The whole staff Including Jourdan was a pleasure to meet. I WANT TO THANK YOU ALL FOR TAKING MY CASE AND I REALLY APPRECIATE THE WINNING outcome.read more
Olivia Twist
Olivia Twist
When a letter from this office first came in the mail, I thought it was a scam .however this was far from the truth .It is... legit and I was able to qualify for a check . The attys explain everything from how it works,what they do and how long to expect a check .so give them a try and be patient while waiting for the check. It will come and in my case perfect timing as my dishwasher broke .Very proffesional friendly staff .Thank you for your support and excellent service .Sincerely Joie Hread more
Joie Hoeffel
Joie Hoeffel
Excelente trato buen trabajo resolvieron mi problema obtuve mi compensación recomiendo 100% gracias
Wilmer Moreno
Wilmer Moreno
We are so thankful we pursued lemon law with Kahn & Associates. The process was easy due to their guidance and expertise.... They were patient with us as we took longer than expected with paperwork and answered any questions we had. Thank you!!read more
kiera carr-garrity
kiera carr-garrity
Very professional, quick to the problem and helped settle my case very professional and quickly. Would use this office again... if I ever needed to. Thank youread more
Melissa Goldberg
Melissa Goldberg
Excellent service! Everyone was extremely helpful and patient throughout the entire process and consistent with... communication.read more
Lindsay B
Lindsay B
They helped me get ford's attention regarding my warranty repair work on my 22 ford bronco and a nice settlement to boot... after it being at the dealership for 66 days. Definitely would go through them again.read more
Michelle Sumer
Michelle Sumer
Attorneys and office both were attentive along with what I felt was a successful result. I would recommend.
michael sepe
michael sepe
Great attention to detail and customer service!
steven sexton
steven sexton
Great service with great results! Thank you so much!
Julie Gilreath Smith
Julie Gilreath Smith
They did an awesome job and they was able to get my money back I was out several thousand dollars in repairs for my truck. I... was very thankful that got in touch with me to help me get my truck fixed also from Fordread more
Mel Cameron
Mel Cameron
Bought a new 2022 Silverado and after 4 days I had engine problems. Dealer was able to repair the truck which took just over... 2 months. They replaced the whole engine. I did a quick Google search of lemon law lawyers in Ohio, to which I found Kahn and Associates. I explained my situation and they assured me I would have no issues receiving compensation. Everything was super simple, no payment to them and all business was held over the phone so I didn't have to take off work to meet/discuss my situation. I had a few questions during the whole process and they were quick and very helpful the entire time. At the end of the ordeal I did a cash and keep settlement, to which I was very surprised with the outcome. I would recommend Kahn and Associates to anyone with a nuisance vehicle just to weigh out options.read more
Cody Chinn
Cody Chinn
I would use you and your firm anytime.Iwill also recommend you.Thank you and God bless y’all
Clayton Briggs
Clayton Briggs
After searching online for 'lemon law attorneys' I'm glad I landed on Kahn and Associates! They were quick to reply to my... inquiry and provided an informative consultation right off the bat. Throughout the process the team was responsive to my emails/calls and always happy to answer questions. I appreciated how they set reasonable expectations. Despite their caution that my car wouldn't be repurchased by the manufacturer, that's what ultimately happened. I credit Bo, Victoria, and Jordan for the surprise positive ending. They were diligent, detail oriented and patient [with me]. You couldn't ask for a better advocate if you're dealing with a lemon!read more
Adam Brown
Adam Brown
The lawyer assigned to my case was awesome! He fought to get me the most money I could get. Thank you
Brian Obrien
Brian Obrien
Kahn & Associates, LLC found me after I had given up on my battle with Williams Buick GMC in Charlotte North, Carolina and... GMC corporate all together. I had purchased a brand new 2022, GMC AT4, 1500. The night that I drove my truck home, I noticed that the engine was making a very high-pitched, squealing noise. The very next day I called the salesman that sold me the truck, Dom Larricia. He told me that should not be happening and to please bring the truck back in the very next business day to have the engine looked at they supposedly had repaired it. Once back home out of the city, I noticed that the squealing sound came back once I reached 40 mph or over. I called Dom back and he asked me to bring the truck back in for service. Please keep in mind that the service dealership is over one hour from my home. Once I arrived at my second trip to Williams Buick GMC they placed me in a loaner truck and kept my truck for two weeks. After two weeks, I received a call stating that the truck had some parts replaced and I could come pick up my truck. I returned their vehicle with the same amount of gas that I received it at. They returned my truck to me on an empty tank with 10 miles left on the range. I drove my truck home and for one day there was no squealing sound, after that the sound came back. At this point, I could not afford the gas and the time off from work to continuously drive one hour from my home to not have the issue fixed. I did receive a call from Dom stating that he needed me to fill out the survey stating that I was pleased and happy with the service and condition of my vehicle from the sale. I read the survey and could not honestly answer the questions, considering the condition of the vehicle and the issues that I was having. I stated I wish to have a vehicle completely fixed and then I could leave an honest rating. Once Dom found out that I would not basically lie for him on the survey, he told me he would no longer be helping me and he would be sitting on the sidelines the rest of the time that I needed assistance from Williams Buick, GMC. With several calls to the management staff Zack, Strickland, I was basically left with no help and no hope. I kept the truck for several months in my garage and my wife and I were trying to decide what to do. One evening I received a letter from Kahn & Associates, LLC stating that they had talked with a marketing firm and found that I had purchased a truck and other customers that had the same model had issues that mirrored the same complaints that I had. Mr. Jeffries, who works with Kahn & Associates, LLC asked me to set up an appointment to discuss what he could do concerning the lemon law. I was hesitant at first, as I had never dealt with anything like this. The staff at Kahn & Associates, LLC went above and beyond to alleviate my worries and concerns. They took my statement and I was able to provide them with paperwork including repair receipts. Once all paperwork was completed, it was only a matter of days until Williams Buick GMC contacted me to schedule my repair. They immediately took the time and got the help they needed to repair my truck. I feel personally that if it was not for Kahn & Associates, LLC I would have never received any repairs or help. I would highly recommend Kahn & Associates, LLC for all of your lemon law needs. My truck is now repaired and running great. Kahn & Associates, LLC did not stop at repairs, they saw that I was financially compensated for the time that I wasted dealing with Williams Buick, GMC. I don’t know where I would be without Kahn & Associates, LLCread more
Matthew Cline
Matthew Cline
Excellent customer service! I appreciate that this firm is able to help people to obtain fair treatment from a large... corporation. They have the knowledge and skills to obtain a proper result quickly.read more
Lisa Clark
Lisa Clark
They were very good to work with, everything went great and they performed exactly as expected.
I've been having lots of issues with one of the car manufacturers. Then I came across Kahn and Associates who helped me... with some of those issues as I felt like I was being taken advantage of again. We came up with a plan and helped me recover a bit of the money lost and feel back in control. Thank you!read more
Joey Raska
Joey Raska
Great Law firm! Communication was awesome, anything I needed was explained very well, always friendly and caring!Highly... recommendread more
Tracy Porter
Tracy Porter
So very helpful and attentive to every detail!! Everything was settled to our upmost satisfaction!!
Pam Boswell
Pam Boswell
Great experience with this firm. I would highly recommend.
Gail Barefoot
Gail Barefoot
After hearing great things about this law firm, I had the pleasure of dealing with them firsthand. They promised they would... do all they could and they delivered. They were able to get a settlement from the manufacturer and I got to keep my truck. I had 3 major problems that the dealer fixed but it took months.. A++++++++read more
Gregory B. Bray
Gregory B. Bray
They were very professional and worked with me from the very 1st day I called about my car. Even though I had issues with... getting my proper paperwork they stayed with me all the way!read more
Phyllis Kimball-Cozart
Phyllis Kimball-Cozart
I cannot recommend them enough!! After dealing with several serious transmission/engine power/electrical defects with no... service center able to fix it, I decided I’d had enough. After hours of researching, I discovered Lemon Law.. I decided to reach out to several law firms. A couple contacted me back, but gave me little hope for a case because I was technically outside of certain specifications to file. It was a little discouraging, and I was ready to take the loss from this vehicle and move on.
HOWEVER, once Kahn & Associates contacted me, they gave me the go-ahead to file and ensured me that they could help me. They explained the ways around it and the federal laws that apply, as well. So I completed the initial consultation and was contacted by Bo Jeffries shortly after.. and when I tell you that EVERY SINGLE communication from that office from there on out was beyond professional and timely, I’m serious. Bo contacted me via phone for our first conversation. He was patient with me, as I was literally at work during the call, but was desperately wanting to speak with him. I had to pause and put him on hold a couple of times.. I also had many questions and scenarios to run by him.. he was so pleasant.. down to earth.. patient.. kind.. and treated me like I was a million dollar client!! I was contacted shortly after that by Victoria Eck, the paralegal for his team, and was given updates on my case.. and I have to say that Vicki is the best!! She is so kind and also incredibly patient with me.. she was so quick to respond to any questions I had, and I mean she has ALWAYS emailed back within MINUTES.. And as we got the ball really rolling into the case, Bo and Vicki have kept me in contact.. I had some issues/delays completing the documentation for the discovery, and she was incredibly patient and helped me with questions and guided me through the process and explained anything I needed more detail on.. The bulk of the process was only the last couple months. I had all my documentation turned in, and in less than two weeks, Bo emailed me in the evening (yes, evening.. well after business hours) to deliver the amazing news that GM had settled, and it was DOUBLE the amount that Bo and I had discussed!! Even further, I had another question regarding settlement paperwork before returning to them, and Bo emailed back within minutes (in the evening and during the weekend) to give me an answer!! I cannot say enough great things about this law firm.. the entire staff is courteous and helpful.. and they will never treat you less than.. !! I’ve even called the office before for Victoria, and another staff member answered.. and even that lady was so kind and helpful and gave me what answer she could and then transferred me to Victoria’s voicemail.. I mean, they are ALL so wonderful.. I’m amazed at how truly wonderful these people are.. I’ve never filed a lawsuit against anyone, let alone something as big as General Motors.. so it was definitely nerve racking at first.. but after my communication with Bo and Victoria, I’ve never felt any nerves.. this whole thing was such a fast process, and I was kept up to date the entire time.. now, I am just going to patiently wait for the settlement check, so I can now get a better vehicle for myself and my child.. thanks again, you guys!! Truly the best!!
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K.B. Daniel
K.B. Daniel
Very Satisfied with the outcome of my case handled by Kahn and Associates
Raymond M. Bishop
Raymond M. Bishop
Easy to work with. Settled things quickly on my 2018 Silverado. l recommend them.
Tom Rentschler
Tom Rentschler
They are very professional and did a amazing job concerning my Lemon Law Issue.
Daniel Miller
Daniel Miller
I came into the with an open mind and felt I truly had nothing to lose. I never expected that everything would go in my... favor, and I am so grateful that I finally responded to the NUMEROUS lemon law letters that I had received regarding my 2017 Pacifica.

After taking it to the dealership, countless times (for the same issues) and being sent away like the issues were normal and nothing to worry about, it was SO nice to be heard and taken seriously by Craig at Kahn and Associates.

The process was painless, the gathered all of my information and then even more from the dealership and went to work. From start to finish, the process took roughly 4 months and the settlement money is in my account.

I was even able to trade in the vehicle with zero issues and the claim had no impact on my trade in value which was a huge concern of mine.

I already have, and will continue to refer my friends and family to Kahn and Associates.
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Kelsey Foltz
Kelsey Foltz
every call and email was responded to almost immediately they did a great job on my case my check was sent to me and... received it in about a little bit over a week so that was great I would refer them to anybody if they have a problem with a vehicle for sureread more
Tammy Witherell
Tammy Witherell
Thank you so much for my successful law suit. I am impressed how well you updated me and communicated the process. Thank you... Dan and Victoria.read more
Ellie Stiles
Ellie Stiles
I had a great experience with Kahn & Associates. They helped me gain leverage to get my new car fixed and got a settlement... as well!read more
Michael Hardy
Michael Hardy
I had the best experience with Kahn & associates they made a very stressful experience great between my new car being in the... shop numerous times and the dealership not doing anything just saying they couldn’t find the issue to my car problems I knew I would have to go over them I went to gm with my issues and they were also no help for my issues saying they couldn’t find the issues Kahn and associates got me a settlement for my issues fast and very easy hopefully I never need then again but I would definitely not hesitate to contact them and refer themread more
Krystal Northrop
Krystal Northrop
They worked very hard my law suit and helped to get me a settlement on my car.
Janet G. Sims
Janet G. Sims
They are very good at what they do and get positive results
Janet Webb
Janet Webb
I recommend Kahn and associates to represent anyone having issues with their vehicles ( lemons). I'm satisfied with my... settlement and they always kept me updated by phone , text and email. Thanks for all you have done for me.read more
Tom Longeway
Tom Longeway
I have a 2018 ram 2500, that I purchased new. The radio computer began acting up, shutting off and restarting at random. I... took the truck in four times over a short period, the dealership didn't want to replace it due to the said cost to be $6k, so they continued to do updates hoping it would fix the issue. I ended up contacting Chrysler, only then did the radio computer get fully replaced, which would make trip #5 to the dealership. Also in the meantime I contacted Kahn & Associates, due to the issue, and the length of time it took to get resolved, they fought in litigation and got me a settlement for myself. I am very pleased with the outcome, they handled everything, and they were very professional. The length of time from start to finish was a mere fraction of what it takes for a complete lemon lawsuit trial to go through the courts. I give Kahn & Associates a 5 out of 5.read more
BJ Wilson
BJ Wilson
I would recommend you call them if you feel that you have been taken advantage of by a car company or car dealer., they will... make it right and get you what you deserve. They were wonderfulread more
Dwight Lee
Dwight Lee
They were so helpful and did everything in a timely manner. Always there to answer questions. I highly recommend
Brigitte Williams Paugh
Brigitte Williams Paugh
They were awesome! Listened and helped us with everything ! Didn’t take very long at all! Would advise anyone to use them
Sandy Willis
Sandy Willis
Kahn and Associates were great with handling my issues with my GMC complaints. Victoria and Dan were very friendly and... efficient with my caseread more
Bob Thoman
Bob Thoman
Great service, very professional and timely. They care about their clients and will do all they can to help them succeed.
Michelle Broome
Michelle Broome
Dan Scharville helped me out with a problem I was having with my Ford F-150 he was very informative and explained everything... clearly, everyone I spoke with was knowledgeable and friendly thank you for everythingread more
Dave Wilson
Dave Wilson
Better Business Bureau Top Rating
National Organization of Social Security Claimants’ Representatives
Ohio State Bar Association
Super Lawyers
Plain Dealer
For Every Client Helped a Donation is Made to Charity
American Automobile Association

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