U.S. Code
»
Title 15
» Chapter CHAPTER 41— CONSUMER CREDIT PROTECTION › Subchapter SUBCHAPTER V— DEBT COLLECTION PRACTICES
15 U.S.C. § 1692
Congressional findings and declaration of purpose
(a) Abusive practicesThere is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
(b) Inadequacy of lawsExisting laws and procedures for redressing these injuries are inadequate to protect consumers.
(c) Available non-abusive collection methodsMeans other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.
(d) Interstate commerceAbusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.
(e) PurposesIt is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.
(Pub. L. 90–321, title VIII, § 802, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 874.)Statutory Notes and Related SubsidiariesEffective DatePub. L. 90–321, title VIII, § 819, formerly § 818, as added by Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 883, § 818; renumbered § 819, Pub. L. 109–351, title VIII, § 801(a)(1), Oct. 13, 2006, 120 Stat. 2004, provided that: “This title [enacting this subchapter] takes effect upon the expiration of six months after the date of its enactment [Sept. 20, 1977], but section 809 [section 1692g of this title] shall apply only with respect to debts for which the initial attempt to collect occurs after such effective date.”
Short TitleThis subchapter known as the “Fair Debt Collection Practices Act”, see Short Title note set out under section 1601 of this title.
Notes of Decisions
Gonzales v. Arrow Financial Services, LLC (2011)
ca9 · cites it 9×
“" 15 U.S.C. § 1692 (e). The FDCPA comprehensively *1061 regulates the conduct of debt collectors, imposing affirmative obligations and broadly prohibiting abusive practices.”
Wilbur Macy v. GC Services Ltd. P'ship (2018)
ca6 · cites it 6×
“Stowe (Plaintiffs) brought this putative class action against GC Services Limited Partnership (GC), a debt collector, alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq . Plaintiffs alleged that GC, in attempting to collect debt owed…”
Vincent v. The Money Store (2013)
ca2 · cites it 9×
“), dismissing plaintiffs’ claims under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and the Truth in Lending Act (“TILA”), 15 U.”
Alaska Trustee, LLC v. Ambridge (2016)
alaska · cites it 10×
“The superior court noted a split in the way courts apply these sections: 10 15 U.S.C. § 1692 (e) (2012); see also 15 U.”
Marx v. General Revenue Corp. (2013)
scotus · cites it 4×
“See 15 U. S. C. §1692 . The FDCPA’s private-enforcement provision, §1692k, author- izes any aggrieved person to recover damages from “any debt collector who fails to comply with any provision” of the FDCPA.”
Blackstone v. Sharma (2018)
md · cites it 4×
“See 15 U.S.C. §§ 1692 (e). The Supreme Court's decision to grant certiorari in this case emphasizes that the language of the FDCPA has generated conflicting opinions as to its scope amongst federal and state courts alike.”
O'Rourke v. Palisades Acquisition Xvi, LLC (2011)
ca7 · cites it 8×
“O'Rourke sued in federal court claiming that the attachment violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 ("the Act"). Unlike most lawsuits under the Act, he claimed that the attachment was actionable because it was meant to mislead the state court judge.”
Richard Hunstein v. Preferred Collection and Management Services, Inc. (2021)
ca11 · cites it 6×
“” 15 U.S.C. § 1692 (e). To that end, § 1692c(b) of the FDCPA, titled “Communication with third par- ties,” provides that— USCA11 Case: 19-14434 Date Filed: 10/28/2021 Page: 4 of 65 4 Opinion of the Court 19-14434 Except as provided in section 1692b of this title, with- out the…”
Bridge v. Ocwen Federal Bank, FSB (2012)
ca6 · cites it 6×
“Bridge, III [1] sued the mortgagee and related parties under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 , et seq. They now appeal a district court judgment dismissing their Complaint.”
— 15 U.S.C. § 1692(a) — 3 cases
— 15 U.S.C. § 1692(a)(6) — 1 case
— 15 U.S.C. § 1692(d) — 1 case
— 15 U.S.C. § 1692(e) — 14 cases
— 15 U.S.C. § 1692(e)(2) — 1 case
— 15 U.S.C. § 1692(f) — 4 cases
— 15 U.S.C. § 1692(g) — 4 cases
— 15 U.S.C. § 1692(k) — 1 case
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