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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brenda davis
09:45 29 Sep 20
They sent me a letter, about there firm, I called them and they explained what they did and how they may be able to help me.... I wasn’t sure at first but then They set me up to talk to the lawyer himself, and was assuring on what they do. Was up front and didn’t ask for any money up front so I proceeded and just like they said in about 6 weeks they called and had an offer to settle and we discussed our options and didn’t settle and they went back with a counter and got me more than I thought was possible. They had my best interests in mind. Would recommend them to anyone.read more
Brent Kochis
Brent Kochis
00:14 26 Sep 20
They made my lemon law case easy to deal with and got me results.
Kelly Carson
Kelly Carson
16:05 25 Sep 20
Very quick responses to all questions. Friendly and Professional service. I will definitely call them again, if the need... arises! Very cost friendly too. They won my disability case for SSA on the 1st try!read more
laura varisco
laura varisco
00:53 19 Sep 20
The staff was very patient with my questions. My emails and phone calls were answered professionally and timely. I always... knew where my case stood and the timeline for any activity. Staff was very friendly and kind throughout the entire process. My claim was not millions but I never felt like that made me less of a client. They treated me just like it was worth millions to them. I was nervous to take on a car company and they put me at ease and helped me to navigate the system and process. I can't thank them enough!read more
Avalene Neininger
Avalene Neininger
13:33 07 Sep 20
I received a mailing for a class action lawsuit on my 2016 Chevy Malibu. I called Kahn & Associates and spoke with them and... they let me know right away that I had a valid claim outside of the class action. They handled my case with kindness and precision. Quick response to emails and phone calls. Robert gave me this honest opinions and listened to my concerns. I was able to settle the Chevy for more than I thought I was going to receive.read more
Carmen Daniel
Carmen Daniel
13:11 01 Sep 20
I'm totally impressed with their commitment in doing all the research and findings for my case and keeping me updated on... everything, you all show your professionalism and integrity. thank youread more
Terry Danzy
Terry Danzy
23:30 20 Aug 20
All of these great reviews that you read about Mr. Bo Jeffries are on point (very real)! He keeps you informed along the way... and doesn’t mind answering questions. But, I also want to give credit to the awesome support staff, a.k.a., the super Paralegals! EVERY time I called and they answered they were always professional, knowledgeable and helpful. NEVER once did I feel like I was bothering them. That is a rare GEM. This clearly shows two invaluable things with respect to Kahn & Associates: (i) the tone-from-the-top exudes strong leadership and core values, and (ii) that the Owner(s)/Partner(s) of this law firm value their staff and understand the importance of proper paralegal (staff) utilization. I am beyond impressed to say the least!To give you an idea on how long you MAY have to wait for your settlement check once an agreement is reached- Settlement agreement reached on 6/18/20. Cash settlement received 8/7/20.I would highly recommend Kahn & Associates. I would use them again if ever needed (although, hopefully not).read more
Stacey
Stacey
16:52 12 Aug 20
I didn't expect anything, but they got me a settlement on my Cadillac under a breach of warranty issue.They had one offer... and said they could get more, and they did. I would recommend themread more
David Baker
David Baker
03:18 11 Aug 20
This firm was very easy to work with and got the job done. Courteous to work with. Highly recommend and would use again if... need be.read more
Diann Hamons
Diann Hamons
17:48 10 Aug 20
They was simply amazing thank you guys for taking care of my lemon law you went above and beyond for me !!
Bryan moracco
Bryan moracco
17:05 07 Aug 20
I had a very positive experience dealing with my lemon lawsuit for Chevy Equinox. Kahn and Associates made it very simple... and quick. I would definitely work with them again and recommend their law firm.read more
Jennifer Abraham
Jennifer Abraham
00:32 05 Aug 20
I am completely satisfied with the professionalism of all at Kahn & Associates. Dan Shervelli, Victoria Eck and Jordan Wolf... works very well as a team. I am super grateful to have worked with them. Very precise and settled my case in little to no time. I definitely would recommend them to everyone. Thanks Guys stay safe and keep up the good work.read more
laronda simmons
laronda simmons
17:05 04 Aug 20
Did not expect anything. Thought it was a scam at first. After negotiating i got a descent settlement Not what i was told... at first but half. I will use them again if i need to.read more
Jason Baumgartner
Jason Baumgartner
02:51 23 Jul 20
The only reason I have not yet given 5 stars is because my case isn't resolved I gave four because of the professionalism.... Vickie has been wonderful and so have the other ladies that I've spoken to. When I called Kahn Associates I was at my wit's end..These car manufacturers want to offer you a deal to go away they won't tell you that but that's what it is they're not interested in what's wrong and they're definitely not on the side of right. I am dealing with issues with my 2016 Ford Focus and I needed help and answers. I'm still waiting for my case to be resolved however I feel at ease knowing that I have a wonderful team of professionals handling this matterread more
Nicole Wilson
Nicole Wilson
21:48 18 Jul 20
Kahn & Associates, LLC, was wonderful in assisting us with our vehicle matters. The firm is very responsive, highly... professional, and well organized. A special thank you to Jordan for always making yourself available!read more
Brandon Copeland
Brandon Copeland
22:21 15 Jul 20
Very quick response time. I thought my settlement would take a year and it was only months
Sandi Steadman
Sandi Steadman
21:30 05 Jul 20
They were amazing, 10/10 would recommend! Very patient with me and great customer service!
Madison Parrett
Madison Parrett
21:51 24 Jun 20
Super friendly down to earth and knowledgeable staff and attorney Bo Jeffries . He responds to emails andcalls... immediately, understanding the clients urgency and situations ..We won our case ! I highly recommend ! Thank you Kahn & Associatesread more
Beener K
Beener K
11:16 23 Jun 20
They helped us achieve a settlement for our minivan that had transmission issues. All communication happened via phone or... email, they were very responsive and answered all our questions. From the time we first contacted them until receiving our payment, it took only about 3 months, and even the covid shutdowns didn't affect their timelines. I would recommend Kahn & Associates to anyone needing help with lemon law.read more
Zuzana Lee
Zuzana Lee
16:24 22 Jun 20
Great folks to work with. Very responsive to my queries, and fast.
Bill Halm
Bill Halm
00:11 15 Jun 20
I expected to get nothing from Ford motor co.for the problems I had. I purchased a used vehicle with manufactures warranty... still in place, so there were zero expectations. These folks got an amazing settlement offer from Ford ( after an arbitrator awarded me $ 0.00 ) and then went back to Ford and got that offer increased.Couldn't be happier with the results.so if your not sure if you have rights or a case, give them a try.read more
rick doran
rick doran
04:26 09 Jun 20
Want to say a BIG Thank You Kahn and Associates !! Great people to work with !! Got me what I wanted for my lemon now I can... get it replaced with a new truck.read more
Guy Nelson
Guy Nelson
23:37 08 Jun 20
All questions was important to this company.And took the time to answer everyone of them.I would recommend this company to... anyone for good quality service. Thank you.read more
Perez Foster
Perez Foster
16:26 07 Jun 20
I cant say enough about Mr. JEFFRIES and his staff. They assisted me in everyway possible. Thank you again so much.Take... careread more
Melanie Otto
Melanie Otto
01:38 11 May 20
They are the best out there. They work hard for you and make it so easy. Very trust worthy! Thank you for everything you... did for me!read more
Debbie King
Debbie King
13:11 06 May 20
They were great! Jordan wolf , bo Jeffries! They were up front with me and didn’t beat Around the bush got me set and in a... good spot. Thank you everyone BEST PLACE !read more
Owl The great
Owl The great
21:13 15 Apr 20
Excellent service. The entire Kahn and Associates team was wonderful to work with, and extremely professional. They produced... results above and beyond my expectations. I would highly recommend Kahn & Associates for any Lemon Law issue.read more
Trent Schulz
Trent Schulz
02:40 10 Apr 20
Positive experience with assistance in lemon law for a personnel vehicle. I would recommend to others with a similar... problem requiring resolution. Associates kept me up to date on progress and answered questions in a timely manner.read more
Tim Rittenberger
Tim Rittenberger
13:15 08 Apr 20
Started with only a phone call. Once Kahn & asso. checked out my complaint of my transmission slamming into gear when... downshifting and it would cause the entire truck [GMC Sierra 2017] to vibrate only on occasion. So my local dealership kept telling me to bring it in while it was doing it. That was impossible so they told me to drive it till it broke down and IF still under warranty. they would come get it. Well Kahn & Asso. after my phone call was able to retrieve a substantial settlement due to the inability of the MFG. to repair my vehicle. These people at Kahn & asso. are great. Super easy to work with and they are on top of the lemon law that helped retrieve my settlement. THANK YOU KAHN & ASSOCIATES.read more
dan wheeldon
dan wheeldon
14:59 03 Apr 20
Easy to work with. Professional and courteous.
S. Jones
S. Jones
18:46 29 Mar 20
I would highly recommend Kahn & Associates for your law firm. They were very helpful with me receiving my settlement in very... short order. I don't think you could find a law firm that could do better for you with your case. I will use them again in the future should i need legal help again. 👍 😉read more
Mark Keith
Mark Keith
17:08 29 Mar 20
Kahn & Associates were awesome in handling my lawsuit! I got my check yesterday!!
Tina Jean Flaig
Tina Jean Flaig
16:03 28 Mar 20
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
16:39 27 Mar 20
I would highly recommend Kahn and Associates for your problem vehicle help, and settlements.! I never met any member of the... Kahn team face to face. Everything was taken care of on line or by phone.( this was a big savings for everyone involved) I will be eighty yrs old very soon and not very computer literate, but we made it happen. I have told many people how Kahn operates. Thanks and keep up the good work! Larry L. Parkread more
Larry Park
Larry Park
14:35 20 Mar 20
from the beginning to the end Kahn & Associates we're great. Our attorney Bo Jeffries kept me informed thru the whole... process. He was very professional and patience with me calling him all the time. I would highly recommend them.read more
Susan Williamson
Susan Williamson
18:24 13 Mar 20
We had a great experience with Kahn & Associates. Bo Jefferies was very helpful and kept us informed as the process went... along. He answered any questions we had. He really stayed on top of what was going on. Would highly recommend Bo and his staff.read more
Gary Meyer
Gary Meyer
18:09 08 Mar 20
Bo Jeffries was quick and efficient in getting my claim started and seeing it to the end. I highly recommend Bo Jeffries... and the Khan and associates law firm. They can get it done for you too.read more
Chris Walker
Chris Walker
19:35 27 Feb 20
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