The Law Office of Ben W. Koyl, P.C.
Call 773.709.9539
For a Free Consultation
For a Free Consultation
 |
 |
 |
 |
 |
Contact the Law Office
of Ben W. Koyl, P.C. for
a Free Consultation
at 773.709.9539 or
ben@chicagobklaw.com
for a Free Consultation
"We Will Help You." TM
of Ben W. Koyl, P.C. for
a Free Consultation
at 773.709.9539 or
ben@chicagobklaw.com
for a Free Consultation
"We Will Help You." TM
Office Locations:
Chicago Loop
Chicago South Side
Joliet
Chicago Loop
Chicago South Side
Joliet
Fair Debt Collection Practices Act
Below is the full text of the Fair Debt Collection Practices Act, 15 U.S.C.S. 1692 et
seq., which governs debt collector actions.
seq., which governs debt collector actions.
1692. Congressional findings and declaration of purpose
(a) Abusive practices
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) Inadequacy of laws
Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
(c) Available non-abusive collection methods
Means other than misrepresentation or other abusive debt collection practices are available for the
effective collection of debts.
(d) Interstate commerce
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) Purposes
It 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.
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) Inadequacy of laws
Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
(c) Available non-abusive collection methods
Means other than misrepresentation or other abusive debt collection practices are available for the
effective collection of debts.
(d) Interstate commerce
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) Purposes
It 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.
1692a. Definitions
As used in this subchapter—
(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 1692f (6) of this title,
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.
(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 1692f (6) of this title,
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.
1692b. Acquisition of location information
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 communication from the debt collector.
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 communication from the debt collector.
1692c. Communication in connection with debt collection
(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 antemeridian 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 1692b of this title, 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 the
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) “Consumer” defined
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.
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 antemeridian 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 1692b of this title, 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 the
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) “Consumer” defined
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.
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 1681a (f) or
1681b (3) [1] of this title. (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 1692b of this title, the placement of telephone calls without
meaningful disclosure of the caller’s identity.
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 1681a (f) or
1681b (3) [1] of this title. (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 1692b of this title, the placement of telephone calls without
meaningful disclosure of the caller’s identity.
1692d. Harassment or abuse
Law Office of Ben W. Koyl, P.C.
17 North State Street
Suite 1700
Chicago, IL 60602
ph: 773.709.9539
ben@chicagobklaw.com
17 North State Street
Suite 1700
Chicago, IL 60602
ph: 773.709.9539
ben@chicagobklaw.com
The Law Office of Ben W. Koyl, P.C. is a Debt Relief
Agency helping people file for bankruptcy under the
United States Bankruptcy Code
Copyright 2011 Law Office of Ben W. Koyl, All rights
reserved.
Agency helping people file for bankruptcy under the
United States Bankruptcy Code
Copyright 2011 Law Office of Ben W. Koyl, All rights
reserved.
Button provided by Cooltext.com.
Your South Side Bankruptcy,
Debt Relief and Tax Office
Debt Relief and Tax Office
Free Skype and Phone Consultations Available.
Click the Call Me Button to Start Skype Chat.
Click the Call Me Button to Start Skype Chat.