LAWDOG Fair Debt Collection Practices
Act
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Section 816
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.
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Section 817
Exemption 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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![[FTC Staff Commentary]](oftc5.gif)
Section 816--Relations to State Laws
Section 816 provides that the FDCPA preempts state laws only to the extent
that those laws are inconsistent with any provision of the FDCPA, and then
only to the extent of the inconsistency. A State law is not inconsistent
if it gives consumers greater protection than the FDCPA.
1. Inconsistent laws. Where a state law
provides protection to the consumer equal to, or greater than, the FDCPA,
it is not preempted by the federal statute.
Section 817--Exemption For State Regulation
Section 817 orders the Commission to exempt any class of debt collection
practices from the FDCPA within any State if it determines that State laws
regulating those practices are substantially similar to the FDCPA, and
contain adequate provision for enforcement.
1. State exemptions. A state with a debt
collection law may apply to the Commission for an exemption. The Commission
must grant the exemption if the state's law is substantially similar to
the FDCPA, and there is adequate provision for enforcement. The Commission
has published procedures for processing such applications (16 CFR 901).
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