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15 U.S.C. § 1675 — Exemption for State-regulated garnish-

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1675 — Exemption for State-regulated garnish-

Page 1551 TITLE 15—COMMERCE AND TRADE § 1679 Editorial Notes AMENDMENTS 1978—Subsec. (b)(1)(B). Pub. L. 95–598 substituted ‘‘court of the United States having jurisdiction over cases under chapter 13 of title 11’’ for ‘‘court of bank- ruptcy under chapter XIII of the Bankruptcy Act’’. 1977—Subsec. (b). Pub. L. 95–30, § 501(e)(1), (2), des- ignated existing provisions as par. (1) and existing pars. (1), (2), and (3) as subpars. (A), (B), and (C) thereof, sub- stituted ‘‘for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review’’ for ‘‘of any court for the support of any person’’ in subpar. (A) as so re- designated, and added par. (2). Subsec. (c). Pub. L. 95–30, § 501(e)(3), inserted ‘‘, and no State (or officer or agency thereof),’’ after ‘‘or any State’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–30, title V, § 501(e)(5), May 23, 1977, 91 Stat. 162, provided that: ‘‘The amendments made by this sub- section [amending this section and section 1675 of this title] shall take effect on the first day of the first cal- endar month which begins after the date of enactment of this Act [May 23, 1977].’’ § 1674. Restriction on discharge from employ- ment by reason of garnishment (a) Termination of employment No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any on

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Page 1551 TITLE 15—COMMERCE AND TRADE § 1679 Editorial Notes AMENDMENTS 1978—Subsec. (b)(1)(B). Pub. L. 95–598 substituted ‘‘court of the United States having jurisdiction over cases under chapter 13 of title 11’’ for ‘‘court of bank- ruptcy under chapter XIII of the Bankruptcy Act’’. 1977—Subsec. (b). Pub. L. 95–30, § 501(e)(1), (2), des- ignated existing provisions as par. (1) and existing pars. (1), (2), and (3) as subpars. (A), (B), and (C) thereof, sub- stituted ‘‘for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review’’ for ‘‘of any court for the support of any person’’ in subpar. (A) as so re- designated, and added par. (2). Subsec. (c). Pub. L. 95–30, § 501(e)(3), inserted ‘‘, and no State (or officer or agency thereof),’’ after ‘‘or any State’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–30, title V, § 501(e)(5), May 23, 1977, 91 Stat. 162, provided that: ‘‘The amendments made by this sub- section [amending this section and section 1675 of this title] shall take effect on the first day of the first cal- endar month which begins after the date of enactment of this Act [May 23, 1977].’’ § 1674. Restriction on discharge from employ- ment by reason of garnishment (a) Termination of employment No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebted- ness. (b) Penalties Whoever willfully violates subsection (a) of this section shall be fined not more than $1,000, or imprisoned not more than one year, or both. (Pub. L. 90–321, title III, § 304, May 29, 1968, 82 Stat. 163.) § 1675. Exemption for State-regulated garnish- ments The Secretary of Labor may by regulation ex- empt from the provisions of section 1673(a) and (b)(2) of this title garnishments issued under the laws of any State if he determines that the laws of that State provide restrictions on garnish- ment which are substantially similar to those provided in section 1673(a) and (b)(2) of this title. (Pub. L. 90–321, title III, § 305, May 29, 1968, 82 Stat. 164; Pub. L. 95–30, title V, § 501(e)(4), May 23, 1977, 91 Stat. 162.) Editorial Notes AMENDMENTS 1977—Pub. L. 95–30 substituted ‘‘section 1673(a) and (b)(2) of this title’’ for ‘‘section 1673(a) of this title’’ in two places. § 1676. Enforcement by Secretary of Labor The Secretary of Labor, acting through the Wage and Hour Division of the Department of Labor, shall enforce the provisions of this sub- chapter. (Pub. L. 90–321, title III, § 306, May 29, 1968, 82 Stat. 164.) § 1677. Effect on State laws This subchapter does not annul, alter, or af- fect, or exempt any person from complying with, the laws of any State (1) prohibiting garnishments or providing for more limited garnishment than are allowed under this subchapter, or (2) prohibiting the discharge of any em- ployee by reason of the fact that his earnings have been subjected to garnishment for more than one indebtedness. (Pub. L. 90–321, title III, § 307, May 29, 1968, 82 Stat. 164.) SUBCHAPTER II–A—CREDIT REPAIR ORGANIZATIONS § 1679. Findings and purposes (a) Findings The Congress makes the following findings: (1) Consumers have a vital interest in estab- lishing and maintaining their credit worthi- ness and credit standing in order to obtain and use credit. As a result, consumers who have experienced credit problems may seek assist- ance from credit repair organizations which offer to improve the credit standing of such consumers. (2) Certain advertising and business prac- tices of some companies engaged in the busi- ness of credit repair services have worked a fi- nancial hardship upon consumers, particularly those of limited economic means and who are inexperienced in credit matters. (b) Purposes The purposes of this subchapter are— (1) to ensure that prospective buyers of the services of credit repair organizations are pro- vided with the information necessary to make an informed decision regarding the purchase of such services; and (2) to protect the public from unfair or de- ceptive advertising and business practices by credit repair organizations. (Pub. L. 90–321, title IV, § 402, as added Pub. L. 104–208, div. A, title II, § 2451, Sept. 30, 1996, 110 Stat. 3009–455.) Editorial Notes PRIOR PROVISIONS A prior title IV of Pub. L. 90–321, May 29, 1968, 82 Stat. 164, as amended by Pub. L. 91–344, July 20, 1970, 84 Stat. 440; Pub. L. 92–321, June 30, 1972, 86 Stat. 382, which was set out as a note under section 1601 of this title, estab- lished a bipartisan National Commission on Consumer Finance to study the functioning and structure of the consumer finance industry as well as consumer credit transactions generally. The Commission was to submit a final report by Dec. 31, 1972, and was to cease to exist thereafter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 90–321, title IV, § 413, as added by Pub. L. 104–208, div. A, title II, § 2451, Sept. 30, 1996, 110 Stat.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1675 — Exemption for State-regulated garnishments

The Secretary of Labor may by regulation exempt from the provisions of section 1673(a) and (b)(2) of this title garnishments issued under the laws of any State if he determines that the laws of that State provide restrictions on garnishment which are substantially similar to those provided in section 1673(a) and (b)(2) of this title.

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