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State Laws
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
Fair Debt Collection Practices Act Is Only A Minimum Standard
The Fair Debt Collection Practices Act does exempt any person subject to its provisions from complying with State debt collection laws, except to the extent that those laws are inconsistent with any provision of the Act, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent if the protection such law affords any consumer is greater than the protection provided by this subchapter. See Section 816 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.
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. In addition, state laws may cover additional parties. For example, the debt collection laws of many states also cover creditors collecting their own debts. Information on 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.
Special Exemption for State Regulation of Certain Classes
Section 817 of the the Fair Debt Collection Practices Act permits the Federal Trade Commission to 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. See Section 817 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. Links do not return to this page. Use browser "back" button to return.
