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Civil Liability Summary
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
Damages, Penalties, Costs & Attorney Fees
Reasonable Procedures
Section 813 provides that debt collector may not be held liable in any action 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. See "Intent & Statute Of Limintations" from the previous menu.
Jurisdiction & Statute of Limitations
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.See Section 813 (d) of the Fair Debt Collection Practices Act, reproduced here for illustration purposes only.
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opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. See Section 813 (e) of the Fair Debt Collection Practices Act, reproduced here for illustration purposes only.
Federal Trade Commission & Other Agencies
Compliance with the Fair debt Collection Practices Act is enforced by the Federal Trade Commission, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another agency under Section 814 (b). See "Administrative Enforcement" from the previous menu.
Reports to Congress by the Commission
At one year intervals, the Federal Trade Commission must 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. See Section 815 of the Fair Debt Collection Practices Act, reproduced here for illustration purposes only.
Also see a portion of the FTC Official Staff Commentary on the Fair Debt Collection Practices Act reproduced here for illustration purposes only.
A copy of the Fair Debt Collection Practices Act is reproduced for illustration purposes only
here. A copy the FTC Official Staff Commentary on the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. Read Sources and Disclaimer. Lins do not return to this page. Use browser "back" button to return.
