SECTION 814 -- ADMINISTRATIVE ENFORCEMENT
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Section 814 provides that the principal [53 Fed. Reg.
50110] federal enforcement agency for the FDCPA is the Federal Trade
Commission, but assigns enforcement power to other authorities empowered by
certain federal statutes to regulate financial, agricultural, and
transportation activities, where FDCPA violations relate to acts subject to
those laws.
SECTION 815 -- REPORTS TO CONGRESS BY COMMISSION
Section 815 requires the Commission to submit an annual
report to Congress which discusses its enforcement and other activities
administering the FDCPA, assesses the degree of compliance, and makes
recommendations.
SECTION 816 -- RELATIONS TO STATE LAWS
Section 816 provides that the FDCPA preempts state laws only
to the extent that those laws are inconsistent with any provision of the FDCPA,
and then only to the extent of the inconsistency. A state law is not
inconsistent if it gives consumers greater protection than the FDCPA.
1. Inconsistent laws. Where a state law provides
protection to the consumer equal to, or greater than, the FDCPA, it is not
preempted by the federal statute.
SECTION 817 -- EXEMPTION FOR STATE REGULATION
Section 817 orders the Commission to exempt any class of debt
collection practices from the FDCPA within any state if it determines that
state laws regulating those practices are substantially similar to the FDCPA,
and contain adequate provision for enforcement.
1. State exemptions. A state with a debt
collection law may apply to the Commission for an exemption. The Commission
must grant the exemption if the state's law is substantially similar to the
FDCPA, and there is adequate provision for enforcement. The Commission has
published procedures for processing such applications (16 CFR 901).
SECTION 818 -- EFFECTIVE DATE
Section 818 provides that the FDCPA took effect six months
from the date of its enactment.
1. Key dates. The FDCPA was approved September 20,
1977, and became effective March 20, 1978.