Ministerial Statement by the Minister of Home Affairs, The Hon. Pursuant to the Act the term ‘debt collector’ is, inter alia, defined as: “A person, other than an attorney or his or her employee or a party to a factoring arrangement, who for reward collects debts owed to another on the latter’s behalf …”. (e) Advisory opinions of Bureau (e) Notice provisions 17 — Fees and charges 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. The Fair Debt Collection Practices Act was designed by Congress to protect consumers from abusive or unfair practices by creditors and debt collectors. (2) in any class action under subsection (a)(2)(B) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional. 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. Based on the National Debt Collection Act, such a person cannot threaten you or your family members, and more so, he or she must not act in an unreasonable or intimidating manner against you or anyone that has a close tie with you. (7) The term "location information" means a consumer's place of abode and his telephone number at such place, or his place of employment. (c) Definitions (c) Ceasing communication What types of debts are covered? Debt Collectors Licensing Act 1964. (ii) conforms with the terms of the contract and directives of the State or district attorney; ], by the Administrator of the National Credit Union Administration with respect to any Federal credit union; Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. If debt collectors are in breach of what they can do (outlined above), or you are being harassed or intimidated by a debt collector, call the National Debt Helpline on 1800 007 007 for free and confidential advice or make a consumer complaint. (C) in the course of performing duties delegated to it by a State or district attorney under the contract, the private entity referred to in subparagraph (B)-- ,[���M����6q����co����e5��/U��u�����J,�j(1Rv���xO˔��:����_V�cw+��d�AjxXM���i�;]C2�U'/�*�q�|���_�������H��; 3~�oy�us(�l�K57���Ψ��~"����K�]��q��,d?�Oq8����é�}%���tn�pyG�x Congressional findings and declaration of purpose§803. 92 0 obj <>stream PDF. (a) Abusive practices As a public service, the staff of the Federal Trade Commission (FTC) has prepared the following complete text of the Fair Debt Collection Practices Act. (3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt. 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. (d) “Consumer” defined 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. on Banking, Housing, and Urban Affairs). 5561 et seq. An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. Administrative enforcement§815. (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or, (B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and. (3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. (2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. (B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. This title takes effect upon the expiration of six months after the date of its enactment, but section 809 shall apply only with respect to debts for which the initial attempt to collect occurs after such effective date. Communication in connection with debt collection§806. Debt collectors are going after Americans' stimulus checks—and the CARES Act allows it. attorney or an employee of an attorney, shall act as a debt collector unless he or she is registered as a debt collector in terms of this Act and, in the case of a company or close corporation carrying on business as a debt collector, unless, in addition to the company or close corporation itself, every director of … ��:��%�c�_��.�UD��O�M~�b���6���W#&�bXl2��p��Օs[`���,$�dg;���Q'e�Wba�&n�-R�mP�-�<9b�:��̙��,7ʦ�ns��6�1ɝgs!h�d������0)݊�p���9��h��7��;�{_�0�����c~ ��A3�۟����Fk����n�R�.2�2K���x��7w,;��yp���+E3��a �ro�B�.Q�(v��/���s�`4F���z���,���H��qX2T2C?g�;'d:K���MȲ���# (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. 3) 2006: Regulations: 12 Jan 2007 p. 46-7: PDF: Debt Collectors Licensing Amendment Regulations 2006: Regulations: 22 Sep 2006 p. 4101-4: PDF: Debt Collectors Licensing Amendment Regulations (No. For purposes of this section, the following definitions shall apply:(1) State or district attorney DEBT COLLECTORS ACT, 1998 REGULATIONS RELATING TO DEBT COLLECTORS, 2003: AMENDMENT The Minister of Justice and Correctional Services has, under section 23 of the Debt Collectors Act, 1998 (Act No. Amendments: Public Law Nos. (1) section 8 of the Federal Deposit Insurance Act [12 U.S.C. (4) part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part; 5519(a)], the Bureau may prescribe rules with respect to the collection of debts by debt collectors, as defined in this subchapter. False or misleading representations§808. 5511 et seq.]. Harassment or abuse§807. �WO���\�w⪯&�c��A��Q˧jN�7�9eoaAJ����$ugF.O4�70�����w j�t8s?` :4$?x�x�Z 9t�r=^�竚�&;X�|-�� �Jb�%�����jˇM������3��e�^�B� p �r�e`d�i9f�T��Zߊ� a�:�7�ֹݝib�����?�[��m��`��3=wܸ������ (3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. ), a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. Use or Threaten to Use Violence If You Don't Pay the Debt. (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. (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. 04-f0-00. There are many instances of debt collectors using deceitful, unlawful, and corrupt practices against consumers who may or may not owe a debt. The proposed Bill provides a comprehensive licensing regulatory framework for those entities engaging in Debt Collection under the newly created Debt Collection Licensing Authority. Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. If such notice from the consumer is made by mail, notification shall be complete upon receipt. (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium. 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. (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. 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 collection agency buys your debt in the hopes they can strong-arm you into coughing up cash, even if it’s not the full amount you owe. 114, 1998 DEBT COLLECTORS ACT, Establishment and objects of Council for Debt Collectors 2. 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