United States Code

United States Code

Author: United States

Publisher:

Published: 2013

Total Pages: 1506

ISBN-13:

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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.


Fight Back Against Unfair Debt Collection Practices

Fight Back Against Unfair Debt Collection Practices

Author: Fred Williams

Publisher: FT Press

Published: 2010-07-06

Total Pages: 216

ISBN-13: 013212212X

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This year, America’s enormous, poorly regulated debt collection industry will make more than 1,000,000,000 collection calls. They will threaten. They will lie and mislead. They will intimidate. Over the past five years, they’ve racked up more than 300,000 complaints to the Federal Trade Commission: more than any other industry regulated by the FTC. Financial reporter Fred Williams knows more about the industry than anyone else. Not only has investigated America’s debt collection agencies, he spent three months working for one of the largest firms in the business. In Fight Back Against Unfair Debt Collection Practices Williams reveals what he learned and shows you exactly how to fight back and protect your rights. Williams weaves indispensable practical advice together with stories straight from his collection agency cubicle. You’ll learn what to do first if a collector calls; what collectors can and can’t do; which debts you are and aren’t responsible for; how collectors choose accounts to focus on; how to stop harassing or abusive calls; how to keep the advantage in a negotiation for a lucrative debt settlement; even how to take the offensive with a lawsuit that can halt collection and win yourself a $1,000 penalty!


Fair Debt Collection Practices ACT

Fair Debt Collection Practices ACT

Author: Landmark Publications

Publisher:

Published: 2018-08-20

Total Pages: 552

ISBN-13: 9781718097872

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THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Fair Debt Collection Practices Act. * * * Congress enacted the FDCPA to curb "abusive, deceptive, and unfair debt collection practices." 15 U.S.C. § 1692(a). Among other things, the Act seeks "to eliminate abusive debt collection practices by debt collectors [and] to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged." Id. § 1692(e). To effectuate these purposes, Congress proscribed the use of "any false, deceptive, or misleading representation or means in connection with the collection of any debt" and provided a list of sixteen examples of such prohibited conduct. Id. § 1692e. These include making "false representation[s]" about "the character, amount, or legal status of any debt," id. § 1692e(2)(A), and "threat[ening] to take any action that cannot legally be taken or that is not intended to be taken," id. § 1692e(5). As we have noted, "[b]ecause the list of the sixteen subsections is non-exhaustive, a debt collection practice can be a 'false, deceptive, or misleading' practice in violation of section 1692e even if it does not fall within any of the subsections." Lesher v. Law Offices of Mitchell N. Kay, PC, 650 F.3d 993, 997 (3d Cir. 2011). Tatis v. Allied Interstate, LLC, 882 F. 3d 422 (3rd Cir. 2018).


Federal Trade Commission Annual Report 2009

Federal Trade Commission Annual Report 2009

Author: Barry Leonard

Publisher: DIANE Publishing

Published: 2011

Total Pages: 18

ISBN-13: 1437914535

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This is a print on demand edition of a hard to find publication. Summarizes the administrative and enforcement actions the FTC has taken under the Fair Debt Collection Practices Act (FDCPA) during the past year. These actions are part of the FTC¿s ongoing effort to curtail deceptive, unfair, and abusive debt collection practices in the marketplace. Such practices cause substantial consumer injury, including payment of amounts not owed, unintended waivers of rights, invasions of privacy, and emotional distress. The FTC¿s goal is to ensure compliance with the Act without unreasonably impeding the collection process. The FTC also appreciates the need to protect consumers from those debt collectors who engage in deceptive, unfair, and abusive collection practices.


Repairing a Broken System

Repairing a Broken System

Author: Jon Leibowitz

Publisher: DIANE Publishing

Published: 2010-11

Total Pages: 106

ISBN-13: 1437936350

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Creditors and collectors seek to recover consumer debts through the use of litigation and arbitration. But, neither litigation nor arbitration currently provides adequate protection for consumers. The system for resolving disputes about consumer debts is broken. To fix the system, federal and state governments, the debt collection industry, and other stakeholders should make a variety of significant reforms in litigation and arbitration so that the system is both efficient and fair. Contents of this report: Introduction; Litigation and Arbitration Proceedings; Conclusion. Appendices: Debt Collection Roundtable (DCR) Panelists; Contributors to DCR; Agendas for DCR; DCR Public Comments; Sample State Debt Collection Checklists. Illustrations.