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FTC Staff Commentary: Fair Debt Collection Practices Act
Section 816
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
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.
