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15 U.S.C. § 1692g — Validation of debts
Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice of debt; contents** 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) Disputed debts** 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 a 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 th
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Source location: Title 15, Chapter 41, § 1692g; chapter-041-consumer-credit-protection.md
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**(a) Notice of debt; contents** 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) Disputed debts** 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 a 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 subchapter 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) Admission of liability** 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) Legal pleadings** 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) Notice provisions** The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [[15 U.S.C. 6801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6801&num=0&edition=prelim) et seq.], 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Corporation** There is hereby established a Federal Deposit Insurance Corporation (hereinafter referred to as the “Corporation”) which shall insure, as hereinafter provided, the deposits of all banks and savings associations which are entitled to the benefits of insurance under this chapter, and which shall have the powers hereinafter granted.
**(b) Asset disposition division**
(1) **Establishment** — The Corporation shall have a separate division of asset disposition.
(2) **Management** — The division of asset disposition shall have an administrator who shall be appointed by the Board of Directors.
(3) **Responsibilities of division** — The division of asset disposition shall carry out all of the responsibilities of the Corporation under this chapter relating to the liquidation of insured depository institutions and the disposition of assets of such institutions.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Privacy obligation policy** It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers’ nonpublic personal information.
**(b) Financial institutions safeguards** In furtherance of the policy in subsection (a), each agency or authority described in [section 6805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6805/a&num=0&edition=prelim), other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards—
(1) to insure the security and confidentiality of customer records and information;
(2) to protect against any anticipated threats or hazards to the security or integrity of such records; and
(3) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions for payment to beneficiary**
(1) **In general** — Upon default by the borrower on any loan covered by Federal loan insurance pursuant to this subpart, and after a substantial collection effort (including, subject to subsection (h), commencement and prosecution of an action) as determined under regulations of the Secretary, the insurance beneficiary shall promptly notify the Secretary and the Secretary shall, if requested (at that time or after further collection efforts) by the beneficiary, or may on his own motion, if the insurance is still in effect, pay to the beneficiary the amount of the loss sustained by the insured upon that loan as soon as that amount has been determined, except that, if the insurance beneficiary including any servicer of the loan is not designated for “exceptional performance”, as set forth in paragraph (2), the Secretary shall pay to the beneficiary a sum equal to 98 percent of the amount of the loss sustained by the insured upon that loan.
(2) **Exceptional performance**
(A) *Authority* — Where the Secretary determines that an eligible lender, holder, or servicer has a compliance performance rating that equals or exceeds 97 percent, the Secretary shall designate that eligible lender, holder, or servicer, as the case may be, for exceptional performance.
(B) *Compliance performance rating* — For purposes of subparagraph (A), a compliance performance rating is determined with respect to compliance with due diligence in the disbursement, servicing, and collection of loans under this subpart for each year for which the determination is made. Such rating shall be equal to the percentage of all due diligence requirements applicable to each loan, on average, as established by the Secretary, with respect to loans serviced duri
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Federal law — U.S. Code and appendices · legal_authorities
Page 1638
TITLE 15—COMMERCE AND TRADE
§ 1692g
strument postdated by more than five days un-
less 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 pay-
ment instrument for the purpose of threat-
ening 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 purpose of the communication. Such
charges include, but are not limited to, collect
telephone calls and telegram fees.
(6) Taking or threatening to take any non-
judicial action to effect dispossession or dis-
ablement 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 regard-
ing 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.
(Pub. L. 90–321, title VIII, § 808, as added Pub. L.
95–109, Sept. 20, 1977, 91 Stat. 879.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective upon the expiration of six months
after Sept.
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Federal law — U.S. Code and appendices · legal_authorities
Page 2289
TITLE 15—COMMERCE AND TRADE
§ 6801
(10) State law
(A) In general
The term ‘‘State law’’ includes all laws,
decisions, rules, regulations, or other State
action having the effect of law, of any State.
(B) Laws applicable in the District of Colum-
bia
A law of the United States applicable only
to or within the District of Columbia shall
be treated as a State law rather than a law
of the United States.
(Pub. L. 106–102, title III, § 334, as added Pub. L.
114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 27.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 6766 of this title, prior to the general amend-
ment of this subchapter by Pub. L. 114–1.
A prior section 6764, Pub. L. 106–102, title III, § 334,
Nov. 12, 1999, 113 Stat. 1433, related to coordination with
other regulators, prior to the general amendment of
this subchapter by Pub. L. 114–1. See section 6761 of this
title.
A prior section 6765, Pub. L. 106–102, title III, § 335,
Nov. 12, 1999, 113 Stat. 1433, which related to judicial re-
view, was omitted in the general amendment of this
subchapter by Pub. L. 114–1. See section 6762 of this
title.
A prior section 6766, Pub. L. 106–102, title III, § 336,
Nov. 12, 1999, 113 Stat. 1433, which related to definitions,
was omitted in the general amendment of this sub-
chapter by Pub. L. 114–1.
SUBCHAPTER IV—RENTAL CAR AGENCY
INSURANCE ACTIVITIES
§ 6781. Standard of regulation for motor vehicle
rentals
(a) Protection against retroactive application of
regulatory and legal action
Except as provided in subsection (b), during
the 3-year period beginning on November 12,
1999, it shall be a presumption that no State law
imposes any licensing, appointment, or edu-
cation requirements on any p
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