|
|
|
| LAWDOG Fair Debt Collection Practices Act |
State And Other Laws |
| LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals. |
| State Laws May Be More Restrictive & May Have Broader Coverage Additional state laws may impose many requirements stricter than the Fair Debt Collection Practices Act. State laws may also cover additional parties. For example, the debt collection laws of many states also cover creditors collecting their own debts. Some state laws are illustrated at www.lawdog.com. Click on "Updates From www.lawdog.com" from the previous menu. Always discuss actual cases with your actual legal advisor or legal department. State Laws Which Provide Greater Protection To Consumers To "pre-empt" means to take the place of or to displace the State law. Section 816 provides that the Fair Debt Collection Practices Act preempts state laws only to the extent that those laws are inconsistent with any provision of the Act, and then only to the extent of the inconsistency. A State law is not inconsistent if it gives consumers greater protection than the Fair Debt Collection Practices Act. Where a state law provides protection to the consumer equal to, or greater than, the Fair Debt Collection Practices Act, it is not preempted by the federal statute. See State Laws from the previous menu. Other Federal Laws In situations where the Fair Debt Collection Practices Act applies, other Federal laws may apply. Laws such as the Fair Credit Reporting Act may apply where a debt collector obtains a consumer report. The Federal Truth in Lending Act may apply to payment arrangements between debt collectors and consumers. Some of the many Federal laws are discussed in Other Laws from the previous menu. Always discuss actual cases with your actual legal advisor or legal department. |
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. Links do not return to this page. Use browser "back" button to return. |
