S.3838 - Debt Collection Practices Act94th Congress (1975-1976)
|Sponsor:||Sen. Biden, Joseph R., Jr. [D-DE] (Introduced 09/21/1976)|
|Committees:||Senate - Banking, Housing, and Urban Affairs|
|Latest Action:||09/21/1976 Referred to Senate Committee on Banking, Housing and Urban Affairs. (All Actions)|
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Summary: S.3838 — 94th Congress (1975-1976)All Information (Except Text)
Introduced in Senate (09/21/1976)
Debt Collection Practices Act - Prohibits debt collectors from harassing or intimidating consumers in connection with the collection or attempted collection of any alleged debt arising from a consumer credit transaction. Sets forth conduct which violates this Act, including the use of violence by a debt collector, and practices used to acquire location information about the consumer which publicize the indebtedness, such as post cards.
Limits the communication that the debt collector may have with the consumer in connection with debt collection. Requires that further direct collection efforts cease once the consumer has absolutely refused to pay except that the collector may advise the consumer that the further efforts are being terminated and that there is a possibility of an attorney invoking the creditor's remedies.
Prohibits false or misleading representation or impersonation in connection with the collection of an alleged debt. Lists unfair practices which a collector is required to avoid, including the solicitation or acceptance by a debt collector from a consumer of any check or other negotiable instrument that is postdated more than three days. Prohibits the taking of specified legal actions, such as causing unauthorized serice of process, on the part of collectors.
Requires that, within five days after the initial communication with a consumer in connection with the collection of any debt, the collector send the consumer a written notice containing specified information, including the name of the creditor, so as to provide the consumer with the opportunity to dispute the validity of the debt.
Sets forth civil and criminal penalties for violations of the provisions of this Act.
Requires that the Federal Trade Commission and the Attorney General report periodically to Congress concerning administration of their functions under this Act.