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Fair Debt Collection Practices Act
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#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), by the
Federal Reserve Board; 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 5(d)
of the Home Owners Loan Act of 1933, section 407 of the National Housing
Act, and sections 6(i) and 17 of the Federal Home Loan Bank Act, by the
Federal Home Loan Bank Board (acting directing or through the Federal
Savings and Loan Insurance Corporation), in the case of any institution
subject to any of those provisions;
(3) the Federal
Credit Union Act, by the Administrator of the National Credit Union
Administration with respect to any Federal credit union;
(4) subtitle IV of
Title 49, by the Interstate Commerce Commission with respect to any common
carrier subject to such subtitle;
(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.
(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.
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