Page 1519 TITLE 15—COMMERCE AND TRADE § 1692a regulations, forms, and clauses required to be pre- (1) The term ‘‘Bureau’’ means the Bureau of scribed to be promulgated at least one year prior to Consumer Financial Protection. such effective date, and allowing any creditor to com- (2) The term ‘‘communication’’ means the ply with any amendments, in accordance with the regu- conveying of information regarding a debt di- lations, forms, and clauses prescribed by the Board rectly or indirectly to any person through any prior to such effective date, see section 625 of Pub. L. 96–221, set out as a note under section 1602 of this title. medium. (3) The term ‘‘consumer’’ means any natural EFFECTIVE DATE person obligated or allegedly obligated to pay Section effective Mar. 23, 1976, see section 708 of Pub. any debt. L. 90–321, set out as a note under section 1691 of this (4) The term ‘‘creditor’’ means any person title. who offers or extends credit creating a debt or to whom a debt is owed, but such term does SUBCHAPTER V—DEBT COLLECTION not include any person to the extent that he PRACTICES receives an assignment or transfer of a debt in § 1692. Congressional findings and declaration of default solely for the purpose of facilitating purpose collection of such debt for another. (5) The term ‘‘debt’’ means any obligation or (a) Abusive practices alleged obligation of a consumer to pay money There is abundant evidence of the use of abu- arising out of a transaction in which the sive, deceptive, and unfair debt collection prac- money, property, insurance, or services which tices by many debt collectors. Abusive debt col- are the subject of the transaction are pri- lection practices contribute to the number of marily for personal, family, or household pur- personal bankruptcies, to marital instability, to poses, whether or not such obligation has been the loss of jobs, and to invasions of individual reduced to judgment. privacy. (6) The term ‘‘debt collector’’ means any (b) Inadequacy of laws person who uses any instrumentality of inter- state commerce or the mails in any business Existing laws and procedures for redressing the principal purpose of which is the collec- these injuries are inadequate to protect consum- tion of any debts, or who regularly collects or ers. attempts to collect, directly or indirectly, (c) Available non-abusive collection methods debts owed or due or asserted to be owed or Means other than misrepresentation or other due another. Notwithstanding the exclusion abusive debt collection practices are available provided by clause (F) of the last sentence of for the effective collection of debts. this paragraph, the term includes any creditor (d) Interstate commerce who, in the process of collecting his own debts, Abusive debt collection practices are carried uses any name other than his own which would indicate that a third person is collect- on to a substantial extent in interstate com- ing or attempting to collect such debts. For merce and through means and instrumentalities the purpose of section 1692f(6) of this title, of such commerce. Even where abusive debt col- such term also includes any person who uses lection practices are purely intrastate in char- any instrumentality of interstate commerce acter, they nevertheless directly affect inter- or the mails in any business the principal pur- state commerce. pose of which is the enforcement of security (e) Purposes interests. The term does not include— It is the purpose of this subchapter to elimi- (A) any officer or employee of a creditor nate abusive debt collection practices by debt while, in the name of the creditor, collecting collectors, to insure that those debt collectors debts for such creditor; who refrain from using abusive debt collection (B) any person while acting as a debt col- practices are not competitively disadvantaged, lector for another person, both of whom are and to promote consistent State action to pro- related by common ownership or affiliated tect consumers against debt collection abuses. by corporate control, if the person acting as a debt collector does so only for persons to (Pub. L. 90–321, title VIII, § 802, as added Pub. L. whom it is so related or affiliated and if the 95–109, Sept. 20, 1977, 91 Stat. 874.) principal business of such person is not the EFFECTIVE DATE collection of debts; Pub. L. 90–321, title VIII, § 819, formerly § 818, as added (C) any officer or employee of the United by Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 883, § 818; re- States or any State to the extent that col- numbered § 819, Pub. L. 109–351, title VIII, § 801(a)(1), lecting or attempting to collect any debt is Oct. 13, 2006, 120 Stat. 2004, provided that: ‘‘This title in the performance of his official duties; [enacting this subchapter] takes effect upon the expira- (D) any person while serving or attempting tion of six months after the date of its enactment to serve legal process on any other person in [Sept. 20, 1977], but section 809 [section 1692g of this connection with the judicial enforcement of title] shall apply only with respect to debts for which any debt; the initial attempt to collect occurs after such effec- (E) any nonprofit organization which, at tive date.’’ the request of consumers, performs bona fide SHORT TITLE consumer credit counseling and assists con- This subchapter known as the ‘‘Fair Debt Collection sumers in the liquidation of their debts by Practices Act’’, see Short Title note set out under sec- receiving payments from such consumers tion 1601 of this title. and distributing such amounts to creditors; and § 1692a. Definitions (F) any person collecting or attempting to As used in this subchapter— collect any debt owed or due or asserted to § 1692b TITLE 15—COMMERCE AND TRADE Page 1520

be owed or due another to the extent such (6) after the debt collector knows the con- activity (i) is incidental to a bona fide fidu- sumer is represented by an attorney with re- ciary obligation or a bona fide escrow ar- gard to the subject debt and has knowledge of, rangement; (ii) concerns a debt which was or can readily ascertain, such attorney’s name originated by such person; (iii) concerns a and address, not communicate with any person debt which was not in default at the time it other than that attorney, unless the attorney was obtained by such person; or (iv) concerns fails to respond within a reasonable period of a debt obtained by such person as a secured time to communication from the debt collec- party in a commercial credit transaction in- tor. volving the creditor. (Pub. L. 90–321, title VIII, § 804, as added Pub. L. (7) The term ‘‘location information’’ means 95–109, Sept. 20, 1977, 91 Stat. 876.) a consumer’s place of abode and his telephone number at such place, or his place of employ- EFFECTIVE DATE ment. Section effective upon the expiration of six months (8) The term ‘‘State’’ means any State, terri- after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as tory, or possession of the United States, the added by Pub. L. 95–109, set out as a note under section District of Columbia, the Commonwealth of 1692 of this title. Puerto Rico, or any political subdivision of § 1692c. Communication in connection with debt any of the foregoing. collection (Pub. L. 90–321, title VIII, § 803, as added Pub. L. (a) Communication with the consumer generally 95–109, Sept. 20, 1977, 91 Stat. 875; amended Pub. L. 99–361, July 9, 1986, 100 Stat. 768; Pub. L. Without the prior consent of the consumer 111–203, title X, § 1089(2), July 21, 2010, 124 Stat. given directly to the debt collector or the ex- 2092.) press permission of a court of competent juris- diction, a debt collector may not communicate AMENDMENTS with a consumer in connection with the collec- 2010—Par. (1). Pub. L. 111–203 added par. (1) and struck tion of any debt— out former par. (1) which read as follows: ‘‘The term (1) at any unusual time or place or a time or ‘Commission’ means the Federal Trade Commission.’’ place known or which should be known to be 1986—Par. (6). Pub. L. 99–361 in provision preceding cl. (A) substituted ‘‘clause (F)’’ for ‘‘clause (G)’’, struck inconvenient to the consumer. In the absence out cl. (F) which excluded any attorney-at-law collect- of knowledge of circumstances to the con- ing a debt as an attorney on behalf of and in the name trary, a debt collector shall assume that the of a client from term ‘‘debt collector’’, and redesig- convenient time for communicating with a nated cl. (G) as (F). consumer is after 8 o’clock antemeridian and EFFECTIVE DATE OF 2010 AMENDMENT before 9 o’clock postmeridian, local time at the consumer’s location; Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. (2) if the debt collector knows the consumer 111–203, set out as a note under section 552a of Title 5, is represented by an attorney with respect to Government Organization and Employees. such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, EFFECTIVE DATE unless the attorney fails to respond within a Section effective upon the expiration of six months reasonable period of time to a communication after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as from the debt collector or unless the attorney added by Pub. L. 95–109, set out as a note under section consents to direct communication with the 1692 of this title. consumer; or § 1692b. Acquisition of location information (3) at the consumer’s place of employment if the debt collector knows or has reason to Any debt collector communicating with any know that the consumer’s employer prohibits person other than the consumer for the purpose the consumer from receiving such communica- of acquiring location information about the con- tion. sumer shall— (1) identify himself, state that he is confirm- (b) Communication with third parties ing or correcting location information con- Except as provided in section 1692b of this cerning the consumer, and, only if expressly title, without the prior consent of the consumer requested, identify his employer; given directly to the debt collector, or the ex- (2) not state that such consumer owes any press permission of a court of competent juris- debt; diction, or as reasonably necessary to effectuate (3) not communicate with any such person a postjudgment judicial remedy, a debt collector more than once unless requested to do so by may not communicate, in connection with the such person or unless the debt collector rea- collection of any debt, with any person other sonably believes that the earlier response of than the consumer, his attorney, a consumer re- such person is erroneous or incomplete and porting agency if otherwise permitted by law, that such person now has correct or complete the creditor, the attorney of the creditor, or the location information; attorney of the debt collector. (4) not communicate by post card; (5) not use any language or symbol on any (c) Ceasing communication envelope or in the contents of any communica- If a consumer notifies a debt collector in writ- tion effected by the mails or telegram that in- ing that the consumer refuses to pay a debt or dicates that the debt collector is in the debt that the consumer wishes the debt collector to collection business or that the communication cease further communication with the con- relates to the collection of a debt; and sumer, the debt collector shall not communicate Page 1521 TITLE 15—COMMERCE AND TRADE § 1692e further with the consumer with respect to such added by Pub. L. 95–109, set out as a note under section debt, except— 1692 of this title. (1) to advise the consumer that the debt col- § 1692e. False or misleading representations lector’s further efforts are being terminated; (2) to notify the consumer that the debt col- A debt collector may not use any false, decep- lector or creditor may invoke specified rem- tive, or misleading representation or means in edies which are ordinarily invoked by such connection with the collection of any debt. debt collector or creditor; or Without limiting the general application of the (3) where applicable, to notify the consumer foregoing, the following conduct is a violation of that the debt collector or creditor intends to this section: invoke a specified remedy. (1) The false representation or implication that the debt collector is vouched for, bonded If such notice from the consumer is made by by, or affiliated with the United States or any mail, notification shall be complete upon re- State, including the use of any badge, uni- ceipt. form, or facsimile thereof. (d) ‘‘Consumer’’ defined (2) The false representation of— For the purpose of this section, the term ‘‘con- (A) the character, amount, or legal status sumer’’ includes the consumer’s spouse, parent of any debt; or (if the consumer is a minor), guardian, executor, (B) any services rendered or compensation or administrator. which may be lawfully received by any debt collector for the collection of a debt. (Pub. L. 90–321, title VIII, § 805, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 876.) (3) The false representation or implication that any individual is an attorney or that any EFFECTIVE DATE communication is from an attorney. Section effective upon the expiration of six months (4) The representation or implication that after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as nonpayment of any debt will result in the ar- added by Pub. L. 95–109, set out as a note under section rest or imprisonment of any person or the sei- 1692 of this title. zure, garnishment, attachment, or sale of any § 1692d. Harassment or abuse property or wages of any person unless such action is lawful and the debt collector or cred- A debt collector may not engage in any con- itor intends to take such action. duct the natural consequence of which is to har- (5) The threat to take any action that can- ass, oppress, or abuse any person in connection not legally be taken or that is not intended to with the collection of a debt. Without limiting be taken. the general application of the foregoing, the fol- (6) The false representation or implication lowing conduct is a violation of this section: that a sale, referral, or other transfer of any (1) The use or threat of use of violence or interest in a debt shall cause the consumer other criminal means to harm the physical to— person, reputation, or property of any person. (A) lose any claim or defense to payment (2) The use of obscene or profane language or of the debt; or language the natural consequence of which is (B) become subject to any practice prohib- to abuse the hearer or reader. ited by this subchapter. (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a (7) The false representation or implication consumer reporting agency or to persons that the consumer committed any crime or meeting the requirements of section 1681a(f) or other conduct in order to disgrace the con- 1681b(3) 1 of this title. sumer. (4) The advertisement for sale of any debt to (8) Communicating or threatening to com- coerce payment of the debt. municate to any person credit information (5) Causing a telephone to ring or engaging which is known or which should be known to any person in telephone conversation repeat- be false, including the failure to communicate edly or continuously with intent to annoy, that a disputed debt is disputed. abuse, or harass any person at the called num- (9) The use or distribution of any written ber. communication which simulates or is falsely (6) Except as provided in section 1692b of this represented to be a document authorized, is- title, the placement of telephone calls without sued, or approved by any court, official, or meaningful disclosure of the caller’s identity. agency of the United States or any State, or which creates a false impression as to its (Pub. L. 90–321, title VIII, § 806, as added Pub. L. source, authorization, or approval. 95–109, Sept. 20, 1977, 91 Stat. 877.) (10) The use of any false representation or REFERENCES IN TEXT deceptive means to collect or attempt to col- lect any debt or to obtain information con- Section 1681b(3) of this title, referred to in par. (3), cerning a consumer. was redesignated section 1681b(a)(3) of this title by Pub. L. 104–208, div. A, title II, § 2403(a)(1), Sept. 30, 1996, 110 (11) The failure to disclose in the initial Stat. 3009–430. written communication with the consumer and, in addition, if the initial communication EFFECTIVE DATE with the consumer is oral, in that initial oral Section effective upon the expiration of six months communication, that the debt collector is at- after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as tempting to collect a debt and that any infor- mation obtained will be used for that purpose, 1 See References in Text note below. and the failure to disclose in subsequent com- § 1692f TITLE 15—COMMERCE AND TRADE Page 1522

munications that the communication is from (4) Depositing or threatening to deposit any a debt collector, except that this paragraph postdated check or other postdated payment shall not apply to a formal pleading made in instrument prior to the date on such check or connection with a legal action. instrument. (12) The false representation or implication (5) Causing charges to be made to any person that accounts have been turned over to inno- for communications by concealment of the cent purchasers for value. true purpose of the communication. Such (13) The false representation or implication charges include, but are not limited to, collect that documents are legal process. telephone calls and telegram fees. (14) The use of any business, company, or or- (6) Taking or threatening to take any non- ganization name other than the true name of judicial action to effect dispossession or dis- the debt collector’s business, company, or or- ablement of property if— ganization. (A) there is no present right to possession (15) The false representation or implication of the property claimed as collateral that documents are not legal process forms or through an enforceable security interest; do not require action by the consumer. (B) there is no present intention to take (16) The false representation or implication possession of the property; or that a debt collector operates or is employed (C) the property is exempt by law from by a consumer reporting agency as defined by such dispossession or disablement. section 1681a(f) of this title. (7) Communicating with a consumer regard- (Pub. L. 90–321, title VIII, § 807, as added Pub. L. ing a debt by post card. 95–109, Sept. 20, 1977, 91 Stat. 877; amended Pub. (8) Using any language or symbol, other than L. 104–208, div. A, title II, § 2305(a), Sept. 30, 1996, the debt collector’s address, on any envelope 110 Stat. 3009–425.) when communicating with a consumer by use of the mails or by telegram, except that a debt AMENDMENTS collector may use his business name if such 1996—Par. (11). Pub. L. 104–208 amended par. (11) gen- name does not indicate that he is in the debt erally. Prior to amendment, par. (11) read as follows: collection business. ‘‘Except as otherwise provided for communications to acquire location information under section 1692b of this (Pub. L. 90–321, title VIII, § 808, as added Pub. L. title, the failure to disclose clearly in all communica- 95–109, Sept. 20, 1977, 91 Stat. 879.) tions made to collect a debt or to obtain information EFFECTIVE DATE about a consumer, that the debt collector is attempting to collect a debt and that any information obtained Section effective upon the expiration of six months will be used for that purpose.’’ after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as added by Pub. L. 95–109, set out as a note under section EFFECTIVE DATE OF 1996 AMENDMENT 1692 of this title. Pub. L. 104–208, div. A, title II, § 2305(b), Sept. 30, 1996, § 1692g. Validation of debts 110 Stat. 3009–425, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall (a) Notice of debt; contents take effect 90 days after the date of enactment of this Within five days after the initial communica- Act [Sept. 30, 1996] and shall apply to all communica- tion with a consumer in connection with the tions made after that date of enactment.’’ collection of any debt, a debt collector shall, un- EFFECTIVE DATE less the following information is contained in Section effective upon the expiration of six months the initial communication or the consumer has after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as paid the debt, send the consumer a written no- added by Pub. L. 95–109, set out as a note under section tice containing— 1692 of this title. (1) the amount of the debt; (2) the name of the creditor to whom the § 1692f. Unfair practices debt is owed; A debt collector may not use unfair or uncon- (3) a statement that unless the consumer, scionable means to collect or attempt to collect within thirty days after receipt of the notice, any debt. Without limiting the general applica- disputes the validity of the debt, or any por- tion of the foregoing, the following conduct is a tion thereof, the debt will be assumed to be violation of this section: valid by the debt collector; (1) The collection of any amount (including (4) a statement that if the consumer notifies any interest, fee, charge, or expense incidental the debt collector in writing within the thirty- to the principal obligation) unless such day period that the debt, or any portion there- amount is expressly authorized by the agree- of, is disputed, the debt collector will obtain ment creating the debt or permitted by law. verification of the debt or a copy of a judg- (2) The acceptance by a debt collector from ment against the consumer and a copy of such any person of a check or other payment in- verification or judgment will be mailed to the strument postdated by more than five days un- consumer by the debt collector; and (5) a statement that, upon the consumer’s less such person is notified in writing of the written request within the thirty-day period, debt collector’s intent to deposit such check the debt collector will provide the consumer or instrument not more than ten nor less than with the name and address of the original three business days prior to such deposit. creditor, if different from the current creditor. (3) The solicitation by a debt collector of any postdated check or other postdated pay- (b) Disputed debts ment instrument for the purpose of threaten- If the consumer notifies the debt collector in ing or instituting criminal prosecution. writing within the thirty-day period described Page 1523 TITLE 15—COMMERCE AND TRADE § 1692j in subsection (a) that the debt, or any portion the consumer’s right to dispute the debt or request the thereof, is disputed, or that the consumer re- name and address of the original creditor.’’ quests the name and address of the original Subsec. (d). Pub. L. 109–351, § 802(a), added subsec. (d). creditor, the debt collector shall cease collec- Subsec. (e). Pub. L. 109–351, § 802(b), added subsec. (e). tion of the debt, or any disputed portion thereof, EFFECTIVE DATE until the debt collector obtains verification of Section applicable only with respect to debts for the debt or a copy of a judgment, or the name which the initial attempt to collect occurs after the ef- and address of the original creditor, and a copy fective date of this subchapter, which takes effect upon of such verification or judgment, or name and the expiration of six months after Sept. 20, 1977, see address of the original creditor, is mailed to the section 819 of Pub. L. 90–321, as added by Pub. L. 95–109, consumer by the debt collector. Collection ac- set out as a note under section 1692 of this title. tivities and communications that do not other- wise violate this subchapter may continue dur- § 1692h. Multiple debts ing the 30-day period referred to in subsection If any consumer owes multiple debts and (a) unless the consumer has notified the debt makes any single payment to any debt collector collector in writing that the debt, or any por- with respect to such debts, such debt collector tion of the debt, is disputed or that the con- may not apply such payment to any debt which sumer requests the name and address of the is disputed by the consumer and, where applica- original creditor. Any collection activities and ble, shall apply such payment in accordance communication during the 30-day period may with the consumer’s directions. not overshadow or be inconsistent with the dis- closure of the consumer’s right to dispute the (Pub. L. 90–321, title VIII, § 810, as added Pub. L. debt or request the name and address of the 95–109, Sept. 20, 1977, 91 Stat. 880.) original creditor. EFFECTIVE DATE (c) Admission of liability Section effective upon the expiration of six months The failure of a consumer to dispute the valid- after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as ity of a debt under this section may not be con- added by Pub. L. 95–109, set out as a note under section 1692 of this title. strued by any court as an admission of liability by the consumer. § 1692i. Legal actions by debt collectors (d) Legal pleadings (a) Venue A communication in the form of a formal Any debt collector who brings any legal action pleading in a civil action shall not be treated as on a debt against any consumer shall— an initial communication for purposes of sub- (1) in the case of an action to enforce an in- section (a). terest in real property securing the consum- (e) Notice provisions er’s obligation, bring such action only in a ju- The sending or delivery of any form or notice dicial district or similar legal entity in which which does not relate to the collection of a debt such real property is located; or and is expressly required by title 26, title V of (2) in the case of an action not described in Gramm-Leach-Bliley Act [15 U.S.C. 6801 et seq.], paragraph (1), bring such action only in the ju- or any provision of Federal or State law relating dicial district or similar legal entity— to notice of data security breach or privacy, or (A) in which such consumer signed the any regulation prescribed under any such provi- contract sued upon; or sion of law, shall not be treated as an initial (B) in which such consumer resides at the communication in connection with debt collec- commencement of the action. tion for purposes of this section. (b) Authorization of actions (Pub. L. 90–321, title VIII, § 809, as added Pub. L. Nothing in this subchapter shall be construed 95–109, Sept. 20, 1977, 91 Stat. 879; amended Pub. to authorize the bringing of legal actions by L. 109–351, title VIII, § 802, Oct. 13, 2006, 120 Stat. debt collectors. 2006.) (Pub. L. 90–321, title VIII, § 811, as added Pub. L. REFERENCES IN TEXT 95–109, Sept. 20, 1977, 91 Stat. 880.) The Gramm-Leach-Bliley Act, referred to in subsec. EFFECTIVE DATE (e), is Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1338. Title Section effective upon the expiration of six months V of the Act is classified principally to chapter 94 (§ after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as 6801 et seq.) of this title. For complete classification of added by Pub. L. 95–109, set out as a note under section this Act to the Code, see Short Title of 1999 Amend- 1692 of this title. ment note set out under section 1811 of Title 12, Banks and Banking, and Tables. § 1692j. Furnishing certain deceptive forms AMENDMENTS (a) It is unlawful to design, compile, and fur- 2006—Subsec. (b). Pub. L. 109–351, § 802(c), inserted at nish any form knowing that such form would be end ‘‘Collection activities and communications that do used to create the false belief in a consumer not otherwise violate this subchapter may continue that a person other than the creditor of such during the 30-day period referred to in subsection (a) consumer is participating in the collection of or unless the consumer has notified the debt collector in in an attempt to collect a debt such consumer writing that the debt, or any portion of the debt, is dis- puted or that the consumer requests the name and ad- allegedly owes such creditor, when in fact such dress of the original creditor. Any collection activities person is not so participating. and communication during the 30-day period may not (b) Any person who violates this section shall overshadow or be inconsistent with the disclosure of be liable to the same extent and in the same § 1692k TITLE 15—COMMERCE AND TRADE Page 1524 manner as a debt collector is liable under sec- priate United States district court without re- tion 1692k of this title for failure to comply with gard to the amount in controversy, or in any a provision of this subchapter. other court of competent jurisdiction, within (Pub. L. 90–321, title VIII, § 812, as added Pub. L. one year from the date on which the violation 95–109, Sept. 20, 1977, 91 Stat. 880.) occurs. (e) Advisory opinions of Bureau EFFECTIVE DATE No provision of this section imposing any li- Section effective upon the expiration of six months ability shall apply to any act done or omitted in after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as added by Pub. L. 95–109, set out as a note under section good faith in conformity with any advisory 1692 of this title. opinion of the Bureau, notwithstanding that after such act or omission has occurred, such § 1692k. Civil liability opinion is amended, rescinded, or determined by (a) Amount of damages judicial or other authority to be invalid for any reason. Except as otherwise provided by this section, any debt collector who fails to comply with any (Pub. L. 90–321, title VIII, § 813, as added Pub. L. provision of this subchapter with respect to any 95–109, Sept. 20, 1977, 91 Stat. 881; amended Pub. person is liable to such person in an amount L. 111–203, title X, § 1089(1), July 21, 2010, 124 equal to the sum of— Stat. 2092.) (1) any actual damage sustained by such per- AMENDMENTS son as a result of such failure; (2)(A) in the case of any action by an indi- 2010—Subsec. (e). Pub. L. 111–203 substituted ‘‘Bu- vidual, such additional damages as the court reau’’ for ‘‘Commission’’. may allow, but not exceeding $1,000; or EFFECTIVE DATE OF 2010 AMENDMENT (B) in the case of a class action, (i) such Amendment by Pub. L. 111–203 effective on the des- amount for each named plaintiff as could be ignated transfer date, see section 1100H of Pub. L. recovered under subparagraph (A), and (ii) 111–203, set out as a note under section 552a of Title 5, such amount as the court may allow for all Government Organization and Employees. other class members, without regard to a min- EFFECTIVE DATE imum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net Section effective upon the expiration of six months worth of the debt collector; and after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as (3) in the case of any successful action to en- added by Pub. L. 95–109, set out as a note under section 1692 of this title. force the foregoing liability, the costs of the action, together with a reasonable attorney’s § 1692l. Administrative enforcement fee as determined by the court. On a finding by the court that an action under this section (a) Federal Trade Commission was brought in bad faith and for the purpose of The Federal Trade Commission shall be au- harassment, the court may award to the de- thorized to enforce compliance with this sub- fendant attorney’s fees reasonable in relation chapter, except to the extent that enforcement to the work expended and costs. of the requirements imposed under this sub- (b) Factors considered by court chapter is specifically committed to another Government agency under any of paragraphs (1) In determining the amount of liability in any through (5) of subsection (b), subject to subtitle action under subsection (a), the court shall con- B of the Consumer Financial Protection Act of sider, among other relevant factors— 2010 [12 U.S.C. 5511 et seq.]. For purpose of the (1) in any individual action under subsection exercise by the Federal Trade Commission of its (a)(2)(A), the frequency and persistence of non- functions and powers under the Federal Trade compliance by the debt collector, the nature Commission Act (15 U.S.C. 41 et seq.), a viola- of such noncompliance, and the extent to tion of this subchapter shall be deemed an un- which such noncompliance was intentional; or fair or deceptive act or practice in violation of (2) in any class action under subsection that Act. All of the functions and powers of the (a)(2)(B), the frequency and persistence of non- Federal Trade Commission under the Federal compliance by the debt collector, the nature Trade Commission Act are available to the Fed- of such noncompliance, the resources of the eral Trade Commission to enforce compliance by debt collector, the number of persons ad- any person with this subchapter, irrespective of versely affected, and the extent to which the whether that person is engaged in commerce or debt collector’s noncompliance was inten- meets any other jurisdictional tests under the tional. Federal Trade Commission Act, including the (c) Intent power to enforce the provisions of this sub- A debt collector may not be held liable in any chapter, in the same manner as if the violation action brought under this subchapter if the debt had been a violation of a Federal Trade Commis- collector shows by a preponderance of evidence sion trade regulation rule. that the violation was not intentional and re- (b) Applicable provisions of law sulted from a bona fide error notwithstanding Subject to subtitle B of the Consumer Finan- the maintenance of procedures reasonably cial Protection Act of 2010, compliance with any adapted to avoid any such error. requirements imposed under this subchapter (d) Jurisdiction shall be enforced under— An action to enforce any liability created by (1) section 8 of the Federal Deposit Insur- this subchapter may be brought in any appro- ance Act [12 U.S.C. 1818], by the appropriate Page 1525 TITLE 15—COMMERCE AND TRADE § 1692l

Federal banking agency, as defined in section L. 98–443, § 9(n), Oct. 4, 1984, 98 Stat. 1708; Pub. L. 3(q) of the Federal Deposit Insurance Act (12 101–73, title VII, § 744(n), Aug. 9, 1989, 103 Stat. U.S.C. 1813(q)), with respect to— 440; Pub. L. 102–242, title II, § 212(e), Dec. 19, 1991, (A) national banks, Federal savings asso- 105 Stat. 2301; Pub. L. 102–550, title XVI, ciations, and Federal branches and Federal § 1604(a)(8), Oct. 28, 1992, 106 Stat. 4082; Pub. L. agencies of foreign banks; 104–88, title III, § 316, Dec. 29, 1995, 109 Stat. 949; (B) member banks of the Federal Reserve Pub. L. 111–203, title X, § 1089(3), (4), July 21, 2010, System (other than national banks), 124 Stat. 2092, 2093.) branches and agencies of foreign banks (other than Federal branches, Federal agen- REFERENCES IN TEXT cies, and insured State branches of foreign The Consumer Financial Protection Act of 2010, re- banks), commercial lending companies ferred to in subsecs. (a) and (b), is title X of Pub. L. owned or controlled by foreign banks, and 111–203, July 21, 2010, 124 Stat. 1955. Subtitles B organizations operating under section 25 or (§§ 1021–1029A) and E (§§ 1051–1058) of the Act are classi- 25A of the Federal Reserve Act [12 U.S.C. 601 fied generally to parts B (§ 5511 et seq.) and E (§ 5561 et et seq., 611 et seq.]; and seq.), respectively, of subchapter V of chapter 53 of (C) banks and State savings associations Title 12, Banks and Banking. For complete classifica- tion of subtitles B and E to the Code, see Tables. insured by the Federal Deposit Insurance The Federal Trade Commission Act, referred to in Corporation (other than members of the subsec. (a), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, Federal Reserve System), and insured State which is classified generally to subchapter I (§ 41 et branches of foreign banks; seq.) of chapter 2 of this title. For complete classifica- (2) the Federal Credit Union Act [12 U.S.C. tion of this Act to the Code, see section 58 of this title 1751 et seq.], by the Administrator of the Na- and Tables. Sections 25 and 25A of the Federal Reserve Act, re- tional Credit Union Administration with re- ferred to in subsec. (b)(1)(B), are classified to sub- spect to any Federal credit union; chapters I (§ 601 et seq.) and II (§ 611 et seq.), respec- (3) subtitle IV of title 49, by the Secretary of tively, of chapter 6 of Title 12, Banks and Banking. Transportation, with respect to all carriers The Federal Credit Union Act, referred to in subsec. subject to the jurisdiction of the Surface (b)(2), is act June 26, 1934, ch. 750, 48 Stat. 1216, which Transportation Board; is classified generally to chapter 14 (§ 1751 et seq.) of (4) part A of subtitle VII of title 49, by the Title 12. For complete classification of this Act to the Secretary of Transportation with respect to Code, see section 1751 of Title 12 and Tables. any air carrier or any foreign air carrier sub- The Packers and Stockyards Act, 1921, referred to in ject to that part; subsec. (b)(5), is act Aug. 15, 1921, ch. 64, 42 Stat. 159, (5) the Packers and Stockyards Act, 1921 [7 which is classified generally to chapter 9 (§ 181 et seq.) of Title 7, Agriculture. For complete classification of U.S.C. 181 et seq.] (except as provided in sec- this Act to the Code, see section 181 of Title 7 and tion 406 of that Act [7 U.S.C. 226, 227]), by the Tables. Secretary of Agriculture with respect to any activities subject to that Act; and CODIFICATION (6) subtitle E of the Consumer Financial In subsec. (b)(3), ‘‘subtitle IV of title 49’’ substituted Protection Act of 2010 [12 U.S.C. 5561 et seq.], for ‘‘the Acts to regulate commerce’’ on authority of by the Bureau, with respect to any person sub- Pub. L. 95–473, § 3(b), Oct. 17, 1978, 92 Stat. 1466, the first ject to this subchapter. section of which enacted subtitle IV of Title 49, Trans- portation. The terms used in paragraph (1) that are not de- In subsec. (b)(4), ‘‘part A of subtitle VII of title 49’’ fined in this subchapter or otherwise defined in substituted for ‘‘the Federal Aviation Act of 1958 [49 section 3(s) of the Federal Deposit Insurance Act App. U.S.C. 1301 et seq.]’’ and ‘‘that part’’ substituted (12 U.S.C. 1813(s)) shall have the meaning given for ‘‘that Act’’ on authority of Pub. L. 103–272, § 6(b), to them in section 1(b) of the International July 5, 1994, 108 Stat. 1378, the first section of which en- Banking Act of 1978 (12 U.S.C. 3101). acted subtitles II, III, and V to X of Title 49. Section 1089(4) of Pub. L. 111–203, which directed (c) Agency powers amendment ‘‘in subsection (d)’’ of the Fair Debt Collec- For the purpose of the exercise by any agency tion Practices Act, was executed in subsec. (d) of this referred to in subsection (b) of its powers under section, which is section 814 of the Act, to reflect the any Act referred to in that subsection, a viola- probable intent of Congress. See 2010 Amendment note tion of any requirement imposed under this sub- below. chapter shall be deemed to be a violation of a re- AMENDMENTS quirement imposed under that Act. In addition to its powers under any provision of law specifi- 2010—Subsec. (a). Pub. L. 111–203, § 1089(3)(A), added subsec. (a) and struck out former subsec. (a). Prior to cally referred to in subsection (b), each of the amendment, text read as follows: ‘‘Compliance with agencies referred to in that subsection may ex- this subchapter shall be enforced by the Commission, ercise, for the purpose of enforcing compliance except to the extent that enforcement of the require- with any requirement imposed under this sub- ments imposed under this subchapter is specifically chapter any other authority conferred on it by committed to another agency under subsection (b) of law, except as provided in subsection (d). this section. For purpose of the exercise by the Com- mission of its functions and powers under the Federal (d) Rules and regulations Trade Commission Act, a violation of this subchapter Except as provided in section 1029(a) of the shall be deemed an unfair or deceptive act or practice Consumer Financial Protection Act of 2010 [12 in violation of that Act. All of the functions and powers U.S.C. 5519(a)], the Bureau may prescribe rules of the Commission under the Federal Trade Commis- with respect to the collection of debts by debt sion Act are available to the Commission to enforce collectors, as defined in this subchapter. compliance by any person with this subchapter, irre- spective of whether that person is engaged in com- (Pub. L. 90–321, title VIII, § 814, as added Pub. L. merce or meets any other jurisdictional tests in the 95–109, Sept. 20, 1977, 91 Stat. 881; amended Pub. Federal Trade Commission Act, including the power to § 1692m TITLE 15—COMMERCE AND TRADE Page 1526 enforce the provisions of this subchapter in the same through the Federal Savings and Loan Insurance Cor- manner as if the violation had been a violation of a poration), in the case of any institution subject to any Federal Trade Commission trade regulation rule.’’ of those provisions;’’. Subsec. (b). Pub. L. 111–203, § 1089(3)(B)(i), substituted 1984—Subsec. (b)(5). Pub. L. 98–443 substituted ‘‘Sec- ‘‘Subject to subtitle B of the Consumer Financial Pro- retary of Transportation’’ for ‘‘Civil Aeronautics tection Act of 2010, compliance’’ for ‘‘Compliance’’ in Board’’. introductory provisions. Subsec. (b)(1). Pub. L. 111–203, § 1089(3)(B)(ii), added EFFECTIVE DATE OF 2010 AMENDMENT par. (1) and struck out former par. (1) which read as fol- Amendment by Pub. L. 111–203 effective on the des- lows: ‘‘section 8 of the Federal Deposit Insurance Act, ignated transfer date, see section 1100H of Pub. L. in the case of— 111–203, set out as a note under section 552a of Title 5, ‘‘(A) national banks, and Federal branches and Fed- Government Organization and Employees. eral agencies of foreign banks, by the Office of the Comptroller of the Currency; EFFECTIVE DATE OF 1995 AMENDMENT ‘‘(B) member banks of the Federal Reserve System (other than national banks), branches and agencies of Amendment by Pub. L. 104–88 effective Jan. 1, 1996, foreign banks (other than Federal branches, Federal see section 2 of Pub. L. 104–88, set out as an Effective agencies, and insured State branches of foreign Date note under section 1301 of Title 49, Transpor- banks), commercial lending companies owned or con- tation. trolled by foreign banks, and organizations operating EFFECTIVE DATE OF 1992 AMENDMENT under section 25 or 25(a) of the Federal Reserve Act, by the Board of Governors of the Federal Reserve Amendment by Pub. L. 102–550 effective as if included System; and in the Federal Deposit Insurance Corporation Improve- ‘‘(C) banks insured by the Federal Deposit Insur- ment Act of 1991, Pub. L. 102–242, as of Dec. 19, 1991, see ance Corporation (other than members of the Federal section 1609(a) of Pub. L. 102–550, set out as a note Reserve System) and insured State branches of for- under section 191 of Title 12, Banks and Banking. eign banks, by the Board of Directors of the Federal Deposit Insurance Corporation;’’. EFFECTIVE DATE OF 1984 AMENDMENT Subsec. (b)(2) to (6). Pub. L. 111–203, Amendment by Pub. L. 98–443 effective Jan. 1, 1985, § 1089(3)(B)(ii)–(vi), added par. (6), redesignated former see section 9(v) of Pub. L. 98–443, set out as a note under pars. (3) to (6) as (2) to (5), respectively, and struck out section 5314 of Title 5, Government Organization and former par. (2) which read as follows: ‘‘section 8 of the Employees. Federal Deposit Insurance Act, by the Director of the Office of Thrift Supervision, in the case of a savings as- EFFECTIVE DATE sociation the deposits of which are insured by the Fed- Section effective upon the expiration of six months eral Deposit Insurance Corporation;’’. after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as Subsec. (d). Pub. L. 111–203, § 1089(4), substituted ‘‘Ex- added by Pub. L. 95–109, set out as a note under section cept as provided in section 1029(a) of the Consumer Fi- 1692 of this title. nancial Protection Act of 2010, the Bureau may pre- scribe rules with respect to the collection of debts by TRANSFER OF FUNCTIONS debt collectors, as defined in this subchapter’’ for ‘‘Nei- ther the Commission nor any other agency referred to Functions vested in Administrator of National Credit in subsection (b) of this section may promulgate trade Union Administration transferred and vested in Na- regulation rules or other regulations with respect to tional Credit Union Administration Board pursuant to the collection of debts by debt collectors as defined in section 1752a of Title 12, Banks and Banking. this subchapter’’. See Codification note above. 1995—Subsec. (b)(4). Pub. L. 104–88 substituted ‘‘Sec- § 1692m. Reports to Congress by the Bureau; retary of Transportation, with respect to all carriers views of other Federal agencies subject to the jurisdiction of the Surface Transpor- (a) Not later than one year after the effective tation Board’’ for ‘‘Interstate Commerce Commission with respect to any common carrier subject to those date of this subchapter and at one-year intervals Acts’’. thereafter, the Bureau shall make reports to the 1992—Subsec. (b)(1)(C). Pub. L. 102–550 substituted Congress concerning the administration of its semicolon for period at end. functions under this subchapter, including such 1991—Subsec. (b). Pub. L. 102–242, § 212(e)(2), inserted recommendations as the Bureau deems nec- at end ‘‘The terms used in paragraph (1) that are not essary or appropriate. In addition, each report of defined in this subchapter or otherwise defined in sec- the Bureau shall include its assessment of the tion 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section extent to which compliance with this sub- 1(b) of the International Banking Act of 1978 (12 U.S.C. chapter is being achieved and a summary of the 3101).’’ enforcement actions taken by the Bureau under Pub. L. 102–242, § 212(e)(1), added par. (1) and struck section 1692l of this title. out former par. (1) which read as follows: ‘‘section 8 of (b) In the exercise of its functions under this Federal Deposit Insurance Act, in the case of— subchapter, the Bureau may obtain upon request ‘‘(A) national banks, by the Comptroller of the Cur- the views of any other Federal agency which ex- rency; ‘‘(B) member banks of the Federal Reserve System ercises enforcement functions under section (other than national banks), by the Federal Reserve 1692l of this title. Board; and (Pub. L. 90–321, title VIII, § 815, as added Pub. L. ‘‘(C) banks the deposits or accounts of which are in- 95–109, Sept. 20, 1977, 91 Stat. 882; amended Pub. sured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), L. 111–203, title X, § 1089(1), July 21, 2010, 124 by the Board of Directors of the Federal Deposit In- Stat. 2092.) surance Corporation;’’. REFERENCES IN TEXT 1989—Subsec. (b)(2). Pub. L. 101–73 amended par. (2) generally. Prior to amendment, par. (2) read as follows: The effective date of this subchapter, referred to in ‘‘section 5(d) of the Home Owners Loan Act of 1933, sec- subsec. (a), is the date occurring on expiration of six tion 407 of the National Housing Act, and sections 6(i) months after Sept. 20, 1977. See section 819 of Pub. L. and 17 of the Federal Home Loan Bank Act, by the Fed- 90–321, set out as an Effective Date note under section eral Home Loan Bank Board (acting directly or 1692 of this title. Page 1527 TITLE 15—COMMERCE AND TRADE § 1692p

AMENDMENTS collector, pursuant to the exception provided 2010—Pub. L. 111–203 substituted ‘‘Bureau’’ for ‘‘Com- in section 1692a(6) of this title, with respect to mission’’ wherever appearing. the operation by the entity of a program de- scribed in paragraph (2)(A) under a contract EFFECTIVE DATE OF 2010 AMENDMENT described in paragraph (2)(B). Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. (2) Conditions of applicability 111–203, set out as a note under section 552a of Title 5, Paragraph (1) shall apply if— Government Organization and Employees. (A) a State or district attorney estab- EFFECTIVE DATE lishes, within the jurisdiction of such State or district attorney and with respect to al- Section effective upon the expiration of six months after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as leged bad check violations that do not in- added by Pub. L. 95–109, set out as a note under section volve a check described in subsection (b), a 1692 of this title. pretrial diversion program for alleged bad check offenders who agree to participate vol- § 1692n. Relation to State laws untarily in such program to avoid criminal This subchapter does not annul, alter, or af- prosecution; fect, or exempt any person subject to the provi- (B) a private entity, that is subject to an sions of this subchapter from complying with administrative support services contract the laws of any State with respect to debt col- with a State or district attorney and oper- lection practices, except to the extent that ates under the direction, supervision, and those laws are inconsistent with any provision control of such State or district attorney, of this subchapter, and then only to the extent operates the pretrial diversion program de- of the inconsistency. For purposes of this sec- scribed in subparagraph (A); and tion, a State law is not inconsistent with this (C) in the course of performing duties dele- subchapter if the protection such law affords gated to it by a State or district attorney any consumer is greater than the protection under the contract, the private entity re- provided by this subchapter. ferred to in subparagraph (B)— (Pub. L. 90–321, title VIII, § 816, as added Pub. L. (i) complies with the penal laws of the 95–109, Sept. 20, 1977, 91 Stat. 883.) State; (ii) conforms with the terms of the con- EFFECTIVE DATE tract and directives of the State or district Section effective upon the expiration of six months attorney; after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as (iii) does not exercise independent pros- added by Pub. L. 95–109, set out as a note under section ecutorial discretion; 1692 of this title. (iv) contacts any alleged offender re- § 1692o. Exemption for State regulation ferred to in subparagraph (A) for purposes of participating in a program referred to in The Bureau shall by regulation exempt from such paragraph— the requirements of this subchapter any class of (I) only as a result of any determina- debt collection practices within any State if the tion by the State or district attorney Bureau determines that under the law of that that probable cause of a bad check viola- State that class of debt collection practices is tion under State penal law exists, and subject to requirements substantially similar to that contact with the alleged offender those imposed by this subchapter, and that for purposes of participation in the pro- there is adequate provision for enforcement. gram is appropriate; and (Pub. L. 90–321, title VIII, § 817, as added Pub. L. (II) the alleged offender has failed to 95–109, Sept. 20, 1977, 91 Stat. 883; amended Pub. pay the bad check after demand for pay- L. 111–203, title X, § 1089(1), July 21, 2010, 124 ment, pursuant to State law, is made for Stat. 2092.) payment of the check amount; AMENDMENTS (v) includes as part of an initial written 2010—Pub. L. 111–203 substituted ‘‘Bureau’’ for ‘‘Com- communication with an alleged offender a mission’’ in two places. clear and conspicuous statement that— (I) the alleged offender may dispute EFFECTIVE DATE OF 2010 AMENDMENT the validity of any alleged bad check Amendment by Pub. L. 111–203 effective on the des- violation; ignated transfer date, see section 1100H of Pub. L. (II) where the alleged offender knows, 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. or has reasonable cause to believe, that the alleged bad check violation is the re- EFFECTIVE DATE sult of theft or forgery of the check, Section effective upon the expiration of six months identity theft, or other fraud that is not after Sept. 20, 1977, see section 819 of Pub. L. 90–321, as the result of the conduct of the alleged added by Pub. L. 95–109, set out as a note under section offender, the alleged offender may file a 1692 of this title. crime report with the appropriate law § 1692p. Exception for certain bad check enforce- enforcement agency; and ment programs operated by private entities (III) if the alleged offender notifies the private entity or the district attorney in (a) In general writing, not later than 30 days after (1) Treatment of certain private entities being contacted for the first time pursu- Subject to paragraph (2), a private entity ant to clause (iv), that there is a dispute shall be excluded from the definition of a debt pursuant to this subsection, before fur- § 1693 TITLE 15—COMMERCE AND TRADE Page 1528

ther restitution efforts are pursued, the (Pub. L. 90–321, title VIII, § 818, as added Pub. L. district attorney or an employee of the 109–351, title VIII, § 801(a)(2), Oct. 13, 2006, 120 district attorney authorized to make Stat. 2004.) such a determination makes a deter- mination that there is probable cause to SUBCHAPTER VI—ELECTRONIC FUND believe that a crime has been commit- TRANSFERS ted; and § 1693. Congressional findings and declaration of (vi) charges only fees in connection with purpose services under the contract that have been (a) Rights and liabilities undefined authorized by the contract with the State or district attorney. The Congress finds that the use of electronic systems to transfer funds provides the potential (b) Certain checks excluded for substantial benefits to consumers. However, A check is described in this subsection if the due to the unique characteristics of such sys- check involves, or is subsequently found to in- tems, the application of existing consumer pro- volve— tection legislation is unclear, leaving the rights (1) a postdated check presented in connec- and liabilities of consumers, financial institu- tion with a payday loan, or other similar tions, and intermediaries in electronic fund transaction, where the payee of the check transfers undefined. knew that the issuer had insufficient funds at (b) Purposes the time the check was made, drawn, or deliv- ered; It is the purpose of this subchapter to provide (2) a stop payment order where the issuer a basic framework establishing the rights, li- acted in good faith and with reasonable cause abilities, and responsibilities of participants in in stopping payment on the check; electronic fund and remittance transfer sys- (3) a check dishonored because of an adjust- tems. The primary objective of this subchapter, ment to the issuer’s account by the financial however, is the provision of individual consumer institution holding such account without pro- rights. viding notice to the person at the time the (Pub. L. 90–321, title IX, § 902, as added Pub. L. check was made, drawn, or delivered; 95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. 3728; (4) a check for partial payment of a debt amended Pub. L. 111–203, title X, § 1073(a)(1), July where the payee had previously accepted par- 21, 2010, 124 Stat. 2060.) tial payment for such debt; (5) a check issued by a person who was not AMENDMENTS competent, or was not of legal age, to enter 2010—Subsec. (b). Pub. L. 111–203 inserted ‘‘and remit- into a legal contractual obligation at the time tance’’ after ‘‘electronic fund’’. the check was made, drawn, or delivered; or EFFECTIVE DATE OF 2010 AMENDMENT (6) a check issued to pay an obligation aris- ing from a transaction that was illegal in the Amendment by Pub. L. 111–203 effective 1 day after jurisdiction of the State or district attorney July 21, 2010, except as otherwise provided, see section at the time the check was made, drawn, or de- 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking. livered. (c) Definitions EFFECTIVE DATE For purposes of this section, the following Pub. L. 90–321, title IX, § 923, formerly § 921, as added definitions shall apply: by Pub. L. 95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. 3741, renumbered § 922, Pub. L. 111–24, title IV, § 401(1), (1) State or district attorney May 22, 2009, 123 Stat. 1751; renumbered § 923, Pub. L. The term ‘‘State or district attorney’’ means 111–203, title X, § 1073(a)(3), July 21, 2010, 124 Stat. 2060, the chief elected or appointed prosecuting at- provided that: ‘‘This title [enacting this subchapter] takes effect upon the expiration of eighteen months torney in a district, county (as defined in sec- from the date of its enactment [Nov. 10, 1978], except tion 2 of title 1), municipality, or comparable that sections 909 and 911 [sections 1693g, 1693i of this jurisdiction, including State attorneys general title] take effect upon the expiration of ninety days who act as chief elected or appointed prosecut- after the date of enactment.’’ ing attorneys in a district, county (as so de- [Pub. L. 111–203, § 1073(a)(3), which directed renumber- fined), municipality or comparable jurisdic- ing of section 922 of Pub. L. 90–321 as section 923 effec- tion, who may be referred to by a variety of tive 1 day after July 21, 2010, was executed after the re- titles such as district attorneys, prosecuting numbering of section 921 of Pub. L. 90–321 as section 922 by Pub. L. 111–24, § 401(1), effective 15 months after May attorneys, commonwealth’s attorneys, solici- 22, 2009, to reflect the probable intent of Congress.] tors, county attorneys, and state’s attorneys, and who are responsible for the prosecution of SHORT TITLE State crimes and violations of jurisdiction- This subchapter known as the ‘‘Electronic Fund specific local ordinances. Transfer Act’’, see Short Title note set out under sec- (2) Check tion 1601 of this title. The term ‘‘check’’ has the same meaning as § 1693a. Definitions in section 5002(6) of title 12. As used in this subchapter— (3) Bad check violation (1) the term ‘‘accepted card or other means The term ‘‘bad check violation’’ means a of access’’ means a card, code, or other means violation of the applicable State criminal law of access to a consumer’s account for the pur- relating to the writing of dishonored checks. pose of initiating electronic fund transfers