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LAWDOG Fair Debt Collection Practices Act

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Notes About The Fair Debt Collection Practices Act and The FTC Official Staff Commentary On The Fair Debt Collection Practices Act:

The Federal Trade Commission staff issued the "FTC Official Staff Commentary on the Fair Debt Collection Practices Act" on December 13, 1988. In the introduction, the FTC Staff made the following statement:

"This Commentary is the vehicle by which the staff of the Federal Trade Commission publishes its interpretations of the Fair Debt Collection Practices Act (FDCPA). It is a guideline intended to clarify the staff interpretations of the statute, but does not have the force or effect of statutory provisions. It is not a formal trade regulation rule or advisory opinion of the Commission, and thus is not binding on the Commission or the public."

In the case of Heintz v. Jenkins, (1995), the U.S. Supreme Court stated, in essence, that this Commentary is not binding on the Federal Trade Commission or the public, and perhaps not entitled to great weight in certain situations under the Fair Debt Collection Practices Act.

Portions of FTC Official Staff Commentary on the Fair Debt Collection Practices Act are reproduced for illustration purposes only. Note that the FTC "Commentary does not have the force of a statutory provision or trade regulation rule, and that it is not a binding ruling of any type." This Commentary is perhaps not entitled to great weight in certain situations under the Fair Debt Collection Practices Act. Many of the interpretations contained in the Commentary may help to clarify portions of the Act. However, since the FTC has not updated the Commentary in view of conflicting court cases, always consult legal counsel for an actual case.

The Fair Debt Collection Practices Act is Title VIII of the Consumer Credit Protection Act, which also includes other Federal statutes relating to consumer credit, such as the Truth in Lending Act (Title I), the Fair Credit Reporting Act (Title VI), and the Equal Credit Opportunity Act (Title VII).

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LAWDOG Fair Debt Collection Practices Act

The Federal Trade Commission staff issued the "FTC Official Staff Commentary on the Fair Debt Collection Practices Act" on December 13, 1988. In the introduction, the FTC Staff made the following statement:

In the case of Heintz v. Jenkins, (1995), the U.S. Supreme Court stated, in essence, that this Commentary is not binding on the Federal Trade Commission or the public, and perhaps not entitled to great weight in certain situations under the Fair Debt Collection Practices Act.

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