FDCPA; Consumer Rights

THE FAIR DEBT COLLECTION PRACTICES ACT

As amended by Public Law 104-208, 110 Stat. 3009       (As of October 13, 2006)

To amend the Consumer Credit Protection Act to prohibit abusive       practices by debt collectors.

Be it enacted by the Senate and House of Representatives of the       United States of America in Congress assembled, That the Consumer       Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the       end thereof the following new title:

TITLE VIII – DEBT COLLECTION PRACTICES  [Fair Debt Collection       Practices Act]

Sec.
801.  Short Title
802.  Congressional findings and declaration of purpose
803.  Definitions
804.  Acquisition of location information
805.  Communication in connection with debt collection
806.  Harassment or abuse
807.  False or misleading representations
808.  Unfair practice
809.  Validation of debts
810.  Multiple debts
811.  Legal actions by debt collectors
812.  Furnishing certain deceptive forms
813.  Civil liability
814.  Administrative enforcement
815.  Reports to Congress by the Commission
816.  Relation to State laws
817.  Exemption for State regulation
818.  Exception for certain bad check enforcement programs operated by private entities
819.  Effective date

§ 801.  Short Title  [15 USC 1601 note]

This title may be cited as the “Fair Debt Collection Practices Act.”

§ 802. Congressional findings       and declarations of purpose  [15 USC 1692]

(a) There 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) Existing laws and procedures for redressing these injuries are       inadequate to protect consumers.

(c) Means other than misrepresentation or other abusive debt collection       practices are available for the effective collection of debts.

(d) Abusive 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) It is the purpose of this title 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.

§ 803.  Definitions [15       USC 1692a]

As used in this title –

(1) The term “Commission” means the Federal Trade Commission.

(2) The term “communication” means the conveying of information         regarding a debt directly or indirectly to any person through any         medium.

(3) The term “consumer” means any natural person obligated or         allegedly obligated to pay any debt.

(4) The term “creditor” means any person who offers or extends credit         creating a debt or to whom a debt is owed, but such term does not         include any person to the extent that he receives an assignment or         transfer of a debt in default solely for the purpose of facilitating         collection of such debt for another.

(5) The term “debt” means any obligation or alleged obligation of a         consumer to pay money arising out of a transaction in which the money,         property, insurance or services which are the subject of the transaction         are primarily for personal, family, or household purposes, whether or         not such obligation has been reduced to judgment.

(6) The term “debt collector” means any person who uses any         instrumentality of interstate commerce or the mails in any business the         principal purpose of which is the collection of any debts, or who         regularly collects or attempts to collect, directly or indirectly, debts         owed or due or asserted to be owed or due another. Notwithstanding the         exclusion provided by clause (F) of the last sentence of this paragraph,         the term includes any creditor who, in the process of collecting his own         debts, uses any name other than his own which would indicate that a         third person is collecting or attempting to collect such debts. For the         purpose of section 808(6), such term also includes any person who uses         any instrumentality of interstate commerce or the mails in any business         the principal purpose of which is the enforcement of security interests.         The term does not include –

(A) any officer or employee of a creditor while, in the name of the           creditor, collecting debts for such creditor;

(B) any person while acting as a debt collector for another person,           both of whom are related by common ownership or affiliated by           corporate control, if the person acting as a debt collector does so           only for persons to whom it is so related or affiliated and if the           principal business of such person is not the collection of debts;

(C) any officer or employee of the United States or any State to           the extent that collecting or attempting to collect any debt is in the           performance of his official duties;

(D) any person while serving or attempting to serve legal process           on any other person in connection with the judicial enforcement of any           debt;

(E) any nonprofit organization which, at the request of consumers,           performs bona fide consumer credit counseling and assists consumers in           the liquidation of their debts by receiving payments from such           consumers and distributing such amounts to creditors; and

(F) any person collecting or attempting to collect any debt owed or           due or asserted to be owed or due another to the extent such activity           (i) is incidental to a bona fide fiduciary obligation or a bona fide           escrow arrangement; (ii) concerns a debt which was originated by such           person; (iii) concerns a debt which was not in default at the time it           was obtained by such person; or (iv) concerns a debt obtained by such           person as a secured party in a commercial credit transaction involving           the creditor.

(7) The term “location information” means a consumer’s place of abode         and his telephone number at such place, or his place of employment.

(8) The term “State” means any State, territory, or possession of the         United States, the District of Columbia, the Commonwealth of Puerto         Rico, or any political subdivision of any of the foregoing.

§ 804.  Acquisition of       location information  [15 USC 1692b]

Any debt collector communicating with any person other than the       consumer for the purpose of acquiring location information about the       consumer shall –

(1) identify himself, state that he is confirming or correcting         location information concerning the consumer, and, only if expressly         requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless         requested to do so by such person or unless the debt collector         reasonably believes that the earlier response of such person is         erroneous or incomplete and that such person now has correct or complete         location information;

(4) not communicate by post card;

(5) not use any language or symbol on any envelope or in the contents         of any communication effected by the mails or telegram that indicates         that the debt collector is in the debt collection business or that the         communication relates to the collection of a debt; and

(6) after the debt collector knows the consumer is represented by an         attorney with regard to the subject debt and has knowledge of, or can         readily ascertain, such attorney’s name and address, not communicate         with any person other than that attorney, unless the attorney fails to         respond within a reasonable period of time to the communication from the         debt collector.

§ 805.  Communication in       connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY.  Without the prior       consent of the consumer given directly to the debt collector or the       express permission of a court of competent jurisdiction, a debt collector       may not communicate with a consumer in connection with the collection of       any debt –

(1) at any unusual time or place or a time or place known or which         should be known to be inconvenient to the consumer. In the absence of         knowledge of circumstances to the contrary, a debt collector shall         assume that the convenient time for communicating with a consumer is         after 8 o’clock antimeridian and before 9 o’clock postmeridian, local         time at the consumer’s location;

(2) if the debt collector knows the consumer is represented by an         attorney with respect to such debt and has knowledge of, or can readily         ascertain, such attorney’s name and address, unless the attorney fails         to respond within a reasonable period of time to a communication from         the debt collector or unless the attorney consents to direct         communication with the consumer; or

(3) at the consumer’s place of employment if the debt collector knows         or has reason to know that the consumer’s employer prohibits the         consumer from receiving such communication.

(b) COMMUNICATION WITH THIRD PARTIES.  Except as provided in section       804, without the prior consent of the consumer given directly to the debt       collector, or the express permission of a court of competent jurisdiction,       or as reasonably necessary to effectuate a postjudgment judicial remedy, a       debt collector may not communicate, in connection with the collection of       any debt, with any person other than a consumer, his attorney, a consumer       reporting agency if otherwise permitted by law, the creditor, the attorney       of the creditor, or the attorney of the debt collector.

(c) CEASING COMMUNICATION.  If a consumer notifies a debt collector in       writing that the consumer refuses to pay a debt or that the consumer       wishes the debt collector to cease further communication with the       consumer, the debt collector shall not communicate further with the       consumer with respect to such debt, except –

(1) to advise the consumer that the debt collector’s further efforts         are being terminated;

(2) to notify the consumer that the debt collector or creditor may         invoke specified remedies which are ordinarily invoked by such debt         collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector         or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be       complete upon receipt.

(d) For the purpose of this section, the term “consumer” includes the       consumer’s spouse, parent (if the consumer is a minor), guardian,       executor, or administrator.

§ 806.  Harassment or abuse       [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence       of which is to harass, oppress, or abuse any person in connection with the       collection of a debt. Without limiting the general application of the       foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to         harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural         consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to         pay debts, except to a consumer reporting agency or to persons meeting         the requirements of section 603(f) or 604(3)¹ of this Act.

(4) The advertisement for sale of any debt to coerce payment of the         debt.

(5) Causing a telephone to ring or engaging any person in telephone         conversation repeatedly or continuously with intent to annoy, abuse, or         harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone         calls without meaningful disclosure of the caller’s identity.

§ 807.  False or misleading       representations  [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading       representation or means in connection with the collection of any debt.       Without limiting the general application of the foregoing, the following       conduct is a violation of this section:

(1) The false representation or implication that the debt collector         is vouched for, bonded by, or affiliated with the United States or any         State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of –

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully           received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an         attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt         will result in the arrest or imprisonment of any person or the seizure,         garnishment, attachment, or sale of any property or wages of any person         unless such action is lawful and the debt collector or creditor intends         to take such action.

(5) The threat to take any action that cannot legally be taken or         that is not intended to be taken.

(6) The false representation or implication that a sale, referral, or         other transfer of any interest in a debt shall cause the consumer to –

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this title.

(7) The false representation or implication that the consumer         committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit         information which is known or which should be known to be false,         including the failure to communicate that a disputed debt is disputed.

(9) The use or distribution of any written communication which         simulates or is falsely represented to be a document authorized, issued,         or approved by any court, official, or agency of the United States or         any State, or which creates a false impression as to its source,         authorization, or approval.

(10) The use of any false representation or deceptive means to         collect or attempt to collect any debt or to obtain information         concerning a consumer.

(11) The failure to disclose in the initial written communication         with the consumer and, in addition, if the initial communication with         the consumer is oral, in that initial oral communication, that the debt         collector is attempting to collect a debt and that any information         obtained will be used for that purpose, and the failure to disclose in         subsequent communications that the communication is from a debt         collector, except that this paragraph shall not apply to a formal         pleading made in connection with a legal action.

(12) The false representation or implication that accounts have been         turned over to innocent purchasers for value.

(13) The false representation or implication that documents are legal         process.

(14) The use of any business, company, or organization name other         than the true name of the debt collector’s business, company, or         organization.

(15) The false representation or implication that documents are not         legal process forms or do not require action by the consumer.

(16) The false representation or implication that a debt collector         operates or is employed by a consumer reporting agency as defined by         section 603(f) of this Act.

§ 808.  Unfair practices      [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect       or attempt to collect any debt. Without limiting the general application       of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee,         charge, or expense incidental to the principal obligation) unless such         amount is expressly authorized by the agreement creating the debt or         permitted by law.

(2) The acceptance by a debt collector from any person of a check or         other payment instrument postdated by more than five days unless such         person is notified in writing of the debt collector’s intent to deposit         such check or instrument not more than ten nor less than three business         days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or         other postdated payment instrument for the purpose of threatening or         instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other         postdated payment instrument prior to the date on such check or         instrument.

(5) Causing charges to be made to any person for communications by         concealment of the true propose of the communication. Such charges         include, but are not limited to, collect telephone calls and telegram         fees.

(6) Taking or threatening to take any nonjudicial action to effect         dispossession or disablement of property if –

(A) there is no present right to possession of the property claimed           as collateral through an enforceable security interest;

(B) there is no present intention to take possession of the           property; or

(C) the property is exempt by law from such dispossession or           disablement.

(7) Communicating with a consumer regarding a debt by post card.

(8) Using any language or symbol, other than the debt collector’s         address, on any envelope when communicating with a consumer by use of         the mails or by telegram, except that a debt collector may use his         business name if such name does not indicate that he is in the debt         collection business.

§ 809.  Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in       connection with the collection of any debt, a debt collector shall, unless       the following information is contained in the initial communication or the       consumer has paid the debt, send the consumer a written notice containing       –

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after         receipt of the notice, disputes the validity of the debt, or any portion         thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in         writing within the thirty-day period that the debt, or any portion         thereof, is disputed, the debt collector will obtain verification of the         debt or a copy of a judgment against the consumer and a copy of such         verification or judgment will be mailed to the consumer by the debt         collector; and

(5) a statement that, upon the consumer’s written request within the         thirty-day period, the debt collector will provide the consumer with the         name and address of the original creditor, if different from the current         creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

(c) The failure of a consumer to dispute the validity of a debt under       this section may not be construed by any court as an admission of       liability by the consumer.

(d) A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a).

(e) The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by the Internal Revenue Code of 1986, title V of Gramm-Leach-Bliley Act, or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.

§ 810.  Multiple debts  [15 USC 1692h]

If any consumer owes multiple debts and makes any single payment to any       debt collector with respect to such debts, such debt collector may not       apply such payment to any debt which is disputed by the consumer and,       where applicable, shall apply such payment in accordance with the       consumer’s directions.

§ 811.  Legal actions by debt       collectors   [15 USC 1692i]

(a) Any debt collector who brings any legal action on a debt against       any consumer shall –

(1) in the case of an action to enforce an interest in real property         securing the consumer’s obligation, bring such action only in a judicial         district or similar legal entity in which such real property is located;         or

(2) in the case of an action not described in paragraph (1), bring         such action only in the judicial district or similar legal entity –

(A) in which such consumer signed the contract sued upon; or

(B) in which such consumer resides at the commencement of the           action.

(b) Nothing in this title shall be construed to authorize the bringing       of legal actions by debt collectors.

§ 812.  Furnishing certain       deceptive forms  [15 USC 1692j]

(a) It is unlawful to design, compile, and furnish any form knowing       that such form would be used to create the false belief in a consumer that       a person other than the creditor of such consumer is participating in the       collection of or in an attempt to collect a debt such consumer allegedly       owes such creditor, when in fact such person is not so participating.

(b) Any person who violates this section shall be liable to the same       extent and in the same manner as a debt collector is liable under section       813 for failure to comply with a provision of this title.

§ 813.  Civil liability       [15 USC 1692k]

(a) Except as otherwise provided by this section, any debt collector       who fails to comply with any provision of this title with respect to any       person is liable to such person in an amount equal to the sum of –

(1) any actual damage sustained by such person as a result of such         failure;

(2) (A) in the case of any action by an individual, such additional         damages as the court may allow, but not exceeding $1,000; or

(B) in the case of a class action, (i) such amount for each named           plaintiff as could be recovered under subparagraph (A), and (ii) such           amount as the court may allow for all other class members, without           regard to a minimum individual recovery, not to exceed the lesser of           $500,000 or 1 per centum of the net worth of the debt collector; and

(3) in the case of any successful action to enforce the foregoing         liability, the costs of the action, together with a reasonable         attorney’s fee as determined by the court. On a finding by the court         that an action under this section was brought in bad faith and for the         purpose of harassment, the court may award to the defendant attorney’s         fees reasonable in relation to the work expended and costs.

(b) In determining the amount of liability in any action under       subsection (a), the court shall consider, among other relevant factors –

(1) in any individual action under subsection (a)(2)(A), the         frequency and persistence of noncompliance by the debt collector, the         nature of such noncompliance, and the extent to which such noncompliance         was intentional; or

(2) in any class action under subsection (a)(2)(B), the frequency and         persistence of noncompliance by the debt collector, the nature of such         noncompliance, the resources of the debt collector, the number of         persons adversely affected, and the extent to which the debt collector’s         noncompliance was intentional.

(c) A debt collector may not be held liable in any action brought under       this title if the debt collector shows by a preponderance of evidence that       the violation was not intentional and resulted from a bona fide error       notwithstanding the maintenance of procedures reasonably adapted to avoid       any such error.

(d) An action to enforce any liability created by this title may be       brought in any appropriate United States district court without regard to       the amount in controversy, or in any other court of competent       jurisdiction, within one year from the date on which the violation occurs.

(e) No provision of this section imposing any liability shall apply to       any act done or omitted in good faith in conformity with any advisory       opinion of the Commission, notwithstanding that after such act or omission       has occurred, such opinion is amended, rescinded, or determined by       judicial or other authority to be invalid for any reason.

§ 814.  Administrative       enforcement   [15 USC 1692l]

(a) Compliance with this title shall be enforced by the Commission,       except to the extend that enforcement of the requirements imposed under       this title is specifically committed to another agency under subsection       (b). For purpose of the exercise by the Commission of its functions and       powers under the Federal Trade Commission Act, a violation of this title       shall be deemed an unfair or deceptive act or practice in violation of       that Act. All of the functions and powers of the Commission under the       Federal Trade Commission Act are available to the Commission to enforce       compliance by any person with this title, irrespective of whether that       person is engaged in commerce or meets any other jurisdictional tests in       the Federal Trade Commission Act, including the power to enforce the       provisions of this title in the same manner as if the violation had been a       violation of a Federal Trade Commission trade regulation rule.

(b) Compliance with any requirements imposed under this title shall be       enforced under –

(1) section 8 of the Federal Deposit Insurance Act, in the case of –

(A) national banks, by the Comptroller of the Currency;

(B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) of the Federal Reserve Act, by the Board of Governors of the Federal Reserve System; and

(C) banks the deposits or accounts of which are insured by the           Federal Deposit Insurance Corporation (other than members of the           Federal Reserve System), by the Board of Directors of the Federal           Deposit Insurance Corporation;

(2) section 8 of the Federal Deposit Insurance Act, by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation;

(3) the Federal Credit Union Act, by the Administrator of the         National Credit Union Administration with respect to any Federal credit         union;

(4) the Acts to regulate commerce, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board;

(5) the Federal Aviation Act of 1958, by the Secretary of         Transportation with respect to any air carrier or any foreign air         carrier subject to that Act; and

(6) the Packers and Stockyards Act, 1921 (except as provided in         section 406 of that Act), by the Secretary of Agriculture with respect         to any activities subject to that Act.

The terms used in paragraph (1) that are not defined in this title or otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).

(c) For the purpose of the exercise by any agency referred to in       subsection (b) of its powers under any Act referred to in that subsection,       a violation of any requirement imposed under this title shall be deemed to       be a violation of a requirement imposed under that Act. In addition to its       powers under any provision of law specifically referred to in subsection       (b), each of the agencies referred to in that subsection may exercise, for       the purpose of enforcing compliance with any requirement imposed under       this title any other authority conferred on it by law, except as provided       in subsection (d).

(d) Neither the Commission nor any other agency referred to in       subsection (b) may promulgate trade regulation rules or other regulations       with respect to the collection of debts by debt collectors as defined in       this title.

§ 815.  Reports to Congress by       the Commission  [15 USC 1692m]

(a) Not later than one year after the effective date of this title and       at one-year intervals thereafter, the Commission shall make reports to the       Congress concerning the administration of its functions under this title,       including such recommendations as the Commission deems necessary or       appropriate. In addition, each report of the Commission shall include its       assessment of the extent to which compliance with this title is being       achieved and a summary of the enforcement actions taken by the Commission       under section 814 of this title.

(b) In the exercise of its functions under this title, the Commission       may obtain upon request the views of any other Federal agency which       exercises enforcement functions under section 814 of this title.

§ 816.  Relation to State       laws  [15 USC 1692n]

This title does not annul, alter, or affect, or exempt any person       subject to the provisions of this title 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 title, and       then only to the extent of the inconsistency. For purposes of this       section, a State law is not inconsistent with this title if the protection       such law affords any consumer is greater than the protection provided by       this title.

§ 817.  Exemption for State       regulation   [15 USC 1692o]

The Commission shall by regulation exempt from the requirements of this       title 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 title, and that there is adequate provision for       enforcement.

§ 818.  Exception for certain bad check enforcement programs operated by private entities [15 USC 1692p]

(a) In General.—

§ 819.  Effective date  [15 USC 1692 note]

This title takes effect upon the expiration of six months after the       date of its enactment, but section 809 shall apply only with respect to       debts for which the initial attempt to collect occurs after such effective       date.

Approved September 20, 1977

ENDNOTES

1. So in original; however, should read “604(a)(3).”

LEGISLATIVE HISTORY:

Public Law 95-109 [H.R. 5294]

HOUSE REPORT No. 95-131 (Comm. on Banking, Finance, and Urban Affairs).

SENATE REPORT No. 95-382 (Comm. on Banking, Housing, and Urban       Affairs).

CONGRESSIONAL RECORD, Vol. 123 (1977):

Apr. 4, considered and passed House.

Aug. 5, considered and passed Senate, amended.

Sept. 8, House agreed to Senate amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 39:

Sept. 20, Presidential statement.

AMENDMENTS:

SECTION 621, SUBSECTIONS (b)(3), (b)(4) and (b)(5) were amended to       transfer certain administrative enforcement responsibilities, pursuant to       Pub. L. 95-473, § 3(b), Oct. 17, 1978. 92 Stat. 166; Pub.       L. 95-630, Title V. § 501, November 10, 1978, 92 Stat.       3680; Pub. L. 98-443, § 9(h), Oct. 4, 1984, 98 Stat. 708.

SECTION 803, SUBSECTION (6), defining “debt collector,” was amended to       repeal the attorney at law exemption at former Section (6)(F) and to       redesignate Section 803(6)(G) pursuant to Pub. L. 99-361, July 9, 1986,       100 Stat. 768. For legislative history, see H.R. 237, HOUSE       REPORT No. 99-405 (Comm. on Banking, Finance and Urban Affairs).       CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 2, considered and passed       House. Vol. 132 (1986): June 26, considered and passed Senate.

SECTION 807, SUBSECTION (11), was amended to affect when debt       collectors must state (a) that they are attempting to collect a debt and       (b) that information obtained will be used for that purpose, pursuant to       Pub. L. 104-208 § 2305, 110 Stat. 3009 (Sept. 30, 1996).

109-351 (Oct. 13, 2006)