15 U.S.C. § 1692a — Definitions

Page 1634 TITLE 15—COMMERCE AND TRADE § 1691f ized by the Board. Former subsec. (e) redesignated (d) and amended. Subsec. (f). Pub. L. 94–239 redesignated subsec. (g) as (f) and inserted provisions which substituted a two year limitation for one year limitation and provisions ex- tending time in which to bring action under enumer- ated conditions. Former subsec. (f) redesignated (e) and amended. Subsecs. (g) to (j). Pub. L. 94–239 added subsecs. (g) to (j). Former subsec. (g) redesignated (f) and amended. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–239 effective Mar. 23, 1976, see section 708 of Pub. L. 90–321, set out as an Effective Date note under section 1691 of this title. § 1691f. Annual reports to Congress; contents Each year, the Bureau and the Attorney Gen- eral shall, respectively, make reports to the Congress concerning the administration of their functions under this subchapter, including such recommendations as the Bureau and the Attor- ney General, respectively, deem necessary or ap- propriate. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with the requirements of this subchapter is being achieved, and a summary of the enforcement actions taken by each of the agencies assigned administrative enforcement responsibilities under section 1691c of this title. (Pub. L. 90–321, title VII, § 707, as added Pub. L. 94–239, § 7, Mar. 23, 1976, 90 Stat. 255; amended Pub. L. 96–221, title VI, § 610(c), Mar. 31, 1980, 94 Stat. 174; Pub. L. 111–203, title X, § 1085(1), July 21, 2010, 124 Stat. 2083.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–203 substituted ‘‘Bureau’’ for ‘‘Board’’ wherever appearing. 1980—Pub. L. 96–221 substituted ‘‘Each year’’ for ‘‘Not later than February 1 of each year after 1976’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–221 effective on expiration of two years and six months after Mar. 31, 1980, with all regulations, forms, and clauses required to be pre- scribed to be promulgated at least one year prior to such effective date, and allowing any creditor to com- ply with any amendments, in accordance with the regu- lations, forms, and clauses prescribed by the Board prior to such effective date, see section 625 of Pub. L. 96–221, set out as a note under section 1602 of this title. EFFECTIVE DATE Section effective Mar. 23, 1976, see section 708 of Pub. L. 90–321, set out as a note under section 1691 of this title. SUBCHAPTER V—DEBT COLLECTION PRACTICES § 1692. Congressional findings and declaration of purpose (a) Abusive practices There is abundant evidence of the use of abu- sive, deceptive, and unfair debt collection prac- tices by many debt collectors. Abusive debt col- lection 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 con- sumers. (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 com- merce and through means and instrumentalities of such commerce. Even where abusive debt col- lection practices are purely intrastate in char- acter, they nevertheless directly affect inter- state commerce. (e) Purposes It is the purpose of this subchapter to elimi- nate 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 pro- tect 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 Subsidiaries EFFECTIVE DATE Pub. L. 90–321, title VIII, § 819, formerly § 818, as added by Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 883, § 818; re- numbered § 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 expira- tion 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 effec- tive date.’’ SHORT TITLE This subchapter known as the ‘‘Fair Debt Collection Practices Act’’, see Short Title note set out under sec- tion 1601 of this title. § 1692a. Definitions As used in this subchapter— (1) The term ‘‘Bureau’’ means the Bureau of Consumer Financial Protection. (2) The term ‘‘communication’’ means the conveying of information regarding a debt di- rectly or indirectly to any person through any medium. (3) The term ‘‘consumer’’ means any natural person obligated or allegedly obligated to pay any debt. Page 1635 TITLE 15—COMMERCE AND TRADE § 1692b (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 pri- marily for personal, family, or household pur- poses, whether or not such obligation has been reduced to judgment. (6) The term ‘‘debt collector’’ means any person who uses any instrumentality of inter- state commerce or the mails in any business the principal purpose of which is the collec- tion 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 col- lecting 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 pur- pose 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 col- lector 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 col- lecting 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 con- sumers 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 fidu- ciary obligation or a bona fide escrow ar- rangement; (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 in- volving 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 employ- ment. (8) The term ‘‘State’’ means any State, terri- tory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing. (Pub. L. 90–321, title VIII, § 803, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 875; amended Pub. L. 99–361, July 9, 1986, 100 Stat. 768; Pub. L. 111–203, title X, § 1089(2), July 21, 2010, 124 Stat. 2092.) Editorial Notes AMENDMENTS 2010—Par. (1). Pub. L. 111–203 added par. (1) and struck out former par. (1) which read as follows: ‘‘The term ‘Commission’ means the Federal Trade Commission.’’ 1986—Par. (6). Pub. L. 99–361 in provision preceding cl. (A) substituted ‘‘clause (F)’’ for ‘‘clause (G)’’, struck out cl. (F) which excluded any attorney-at-law col- lecting a debt as an attorney on behalf of and in the name of a client from term ‘‘debt collector’’, and redes- ignated cl. (G) as (F). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective upon the expiration of six months after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as added by Pub. L. 95–109, set out as a note under section 1692 of this title. § 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 con- sumer shall— (1) identify himself, state that he is con- firming or correcting location information concerning the consumer, and, only if ex- pressly 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 rea- sonably 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 communica- tion effected by the mails or telegram that in- dicates 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 con- sumer is represented by an attorney with re- gard to the subject debt and has knowledge of,