Page 1445 TITLE 15—COMMERCE AND TRADE § 1692a

AMENDMENTS bered § 819, Pub. L. 109–351, title VIII, § 801(a)(1), Oct. 13, 2006, 120 Stat. 2004, provided that: ‘‘This title [enacting 2010—Pub. L. 111–203 substituted ‘‘Bureau’’ for this subchapter] takes effect upon the expiration of six ‘‘Board’’ wherever appearing. months after the date of its enactment [Sept. 20, 1977], 1980—Pub. L. 96–221 substituted ‘‘Each year’’ for ‘‘Not but section 809 [section 1692g of this title] shall apply later than February 1 of each year after 1976’’. only with respect to debts for which the initial attempt EFFECTIVE DATE OF 2010 AMENDMENT to collect occurs after such effective date.’’

Amendment by Pub. L. 111–203 effective on the des- SHORT TITLE ignated transfer date, see section 1100H of Pub. L. This subchapter known as the ‘‘Fair Debt Collection 111–203, set out as a note under section 552a of Title 5, Practices Act’’, see Short Title note set out under sec- Government Organization and Employees. tion 1601 of this title. EFFECTIVE DATE OF 1980 AMENDMENT § 1692a. Definitions Amendment by Pub. L. 96–221 effective on expiration of two years and six months after Mar. 31, 1980, with all As used in this subchapter— 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- Existing laws and procedures for redressing state commerce or the mails in any business these injuries are inadequate to protect consum- the principal purpose of which is the collec- ers. tion of any debts, or who regularly collects or 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 on to a substantial extent in interstate com- would indicate that a third person is collect- merce and through means and instrumentalities ing or attempting to collect such debts. For of such commerce. Even where abusive debt col- the purpose of section 1692f(6) of this title, lection practices are purely intrastate in char- such term also includes any person who uses acter, they nevertheless directly affect inter- any instrumentality of interstate commerce state commerce. or the mails in any business the principal pur- 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 (Pub. L. 90–321, title VIII, § 802, as added Pub. L. a debt collector does so only for persons to 95–109, Sept. 20, 1977, 91 Stat. 874.) whom it is so related or affiliated and if the 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 Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 883, § 818; renum- States or any State to the extent that col- § 1692b TITLE 15—COMMERCE AND TRADE Page 1446

lecting or attempting to collect any debt is sonably believes that the earlier response of in the performance of his official duties; such person is erroneous or incomplete and (D) any person while serving or attempting that such person now has correct or complete to serve legal process on any other person in location information; connection with the judicial enforcement of (4) not communicate by post card; any debt; (5) not use any language or symbol on any (E) any nonprofit organization which, at envelope or in the contents of any communica- the request of consumers, performs bona fide tion effected by the mails or telegram that in- consumer credit counseling and assists con- dicates that the debt collector is in the debt sumers in the liquidation of their debts by collection business or that the communication receiving payments from such consumers relates to the collection of a debt; and and distributing such amounts to creditors; (6) after the debt collector knows the con- and sumer is represented by an attorney with re- (F) any person collecting or attempting to gard to the subject debt and has knowledge of, collect any debt owed or due or asserted to or can readily ascertain, such attorney’s name be owed or due another to the extent such and address, not communicate with any person activity (i) is incidental to a bona fide fidu- other than that attorney, unless the attorney ciary obligation or a bona fide escrow ar- fails to respond within a reasonable period of rangement; (ii) concerns a debt which was time to communication from the debt collec- originated by such person; (iii) concerns a tor. debt which was not in default at the time it (Pub. L. 90–321, title VIII, § 804, as added Pub. L. was obtained by such person; or (iv) concerns 95–109, Sept. 20, 1977, 91 Stat. 876.) a debt obtained by such person as a secured party in a commercial credit transaction in- § 1692c. Communication in connection with debt volving the creditor. collection (7) The term ‘‘location information’’ means a consumer’s place of abode and his telephone (a) Communication with the consumer generally number at such place, or his place of employ- Without the prior consent of the consumer ment. given directly to the debt collector or the ex- (8) The term ‘‘State’’ means any State, terri- press permission of a court of competent juris- tory, or possession of the United States, the diction, a debt collector may not communicate District of Columbia, the Commonwealth of with a consumer in connection with the collec- Puerto Rico, or any political subdivision of tion of any debt— any of the foregoing. (1) at any unusual time or place or a time or (Pub. L. 90–321, title VIII, § 803, as added Pub. L. place known or which should be known to be 95–109, Sept. 20, 1977, 91 Stat. 875; amended Pub. inconvenient to the consumer. In the absence L. 99–361, July 9, 1986, 100 Stat. 768; Pub. L. of knowledge of circumstances to the con- 111–203, title X, § 1089(2), July 21, 2010, 124 Stat. trary, a debt collector shall assume that the 2092.) convenient time for communicating with a consumer is after 8 o’clock antemeridian and AMENDMENTS before 9 o’clock postmeridian, local time at 2010—Par. (1). Pub. L. 111–203 added par. (1) and struck the consumer’s location; out former par. (1) which read as follows: ‘‘The term (2) if the debt collector knows the consumer ‘Commission’ means the Federal Trade Commission.’’ is represented by an attorney with respect to 1986—Par. (6). Pub. L. 99–361 in provision preceding cl. such debt and has knowledge of, or can readily (A) substituted ‘‘clause (F)’’ for ‘‘clause (G)’’, struck ascertain, such attorney’s name and address, out cl. (F) which excluded any attorney-at-law collect- ing a debt as an attorney on behalf of and in the name unless the attorney fails to respond within a of a client from term ‘‘debt collector’’, and redesig- reasonable period of time to a communication nated cl. (G) as (F). from the debt collector or unless the attorney consents to direct communication with the EFFECTIVE DATE OF 2010 AMENDMENT consumer; or Amendment by Pub. L. 111–203 effective on the des- (3) at the consumer’s place of employment if ignated transfer date, see section 1100H of Pub. L. the debt collector knows or has reason to 111–203, set out as a note under section 552a of Title 5, know that the consumer’s employer prohibits Government Organization and Employees. the consumer from receiving such communica- § 1692b. Acquisition of location information tion. Any debt collector communicating with any (b) Communication with third parties person other than the consumer for the purpose Except as provided in section 1692b of this of acquiring location information about the con- title, without the prior consent of the consumer sumer shall— given directly to the debt collector, or the ex- (1) identify himself, state that he is confirm- press permission of a court of competent juris- ing or correcting location information con- diction, or as reasonably necessary to effectuate cerning the consumer, and, only if expressly a postjudgment judicial remedy, a debt collector requested, identify his employer; may not communicate, in connection with the (2) not state that such consumer owes any collection of any debt, with any person other debt; than the consumer, his attorney, a consumer re- (3) not communicate with any such person porting agency if otherwise permitted by law, more than once unless requested to do so by the creditor, the attorney of the creditor, or the such person or unless the debt collector rea- attorney of the debt collector. Page 1447 TITLE 15—COMMERCE AND TRADE § 1692e

(c) Ceasing communication connection with the collection of any debt. If a consumer notifies a debt collector in writ- Without limiting the general application of the ing that the consumer refuses to pay a debt or foregoing, the following conduct is a violation of that the consumer wishes the debt collector to this section: cease further communication with the con- (1) The false representation or implication sumer, the debt collector shall not communicate that the debt collector is vouched for, bonded further with the consumer with respect to such by, or affiliated with the United States or any debt, except— State, including the use of any badge, uni- (1) to advise the consumer that the debt col- form, or facsimile thereof. lector’s further efforts are being terminated; (2) The false representation of— (2) to notify the consumer that the debt col- (A) the character, amount, or legal status lector or creditor may invoke specified rem- of any debt; or edies which are ordinarily invoked by such (B) any services rendered or compensation debt collector or creditor; or which may be lawfully received by any debt (3) where applicable, to notify the consumer collector for the collection of a debt. that the debt collector or creditor intends to (3) The false representation or implication invoke a specified remedy. that any individual is an attorney or that any If such notice from the consumer is made by communication is from an attorney. mail, notification shall be complete upon re- (4) The representation or implication that ceipt. nonpayment of any debt will result in the ar- rest or imprisonment of any person or the sei- (d) ‘‘Consumer’’ defined zure, garnishment, attachment, or sale of any For the purpose of this section, the term ‘‘con- property or wages of any person unless such sumer’’ includes the consumer’s spouse, parent action is lawful and the debt collector or cred- (if the consumer is a minor), guardian, executor, itor intends to take such action. or administrator. (5) The threat to take any action that can- (Pub. L. 90–321, title VIII, § 805, as added Pub. L. not legally be taken or that is not intended to 95–109, Sept. 20, 1977, 91 Stat. 876.) be taken. (6) The false representation or implication § 1692d. Harassment or abuse that a sale, referral, or other transfer of any A debt collector may not engage in any con- interest in a debt shall cause the consumer duct the natural consequence of which is to har- to— (A) lose any claim or defense to payment ass, oppress, or abuse any person in connection of the debt; or with the collection of a debt. Without limiting (B) become subject to any practice prohib- the general application of the foregoing, the fol- ited by this subchapter. lowing conduct is a violation of this section: (1) The use or threat of use of violence or (7) The false representation or implication other criminal means to harm the physical that the consumer committed any crime or person, reputation, or property of any person. other conduct in order to disgrace the con- (2) The use of obscene or profane language or sumer. language the natural consequence of which is (8) Communicating or threatening to com- to abuse the hearer or reader. municate to any person credit information (3) The publication of a list of consumers which is known or which should be known to who allegedly refuse to pay debts, except to a be false, including the failure to communicate consumer reporting agency or to persons that a disputed debt is disputed. meeting the requirements of section 1681a(f) or (9) The use or distribution of any written 1681b(3) 1 of this title. communication which simulates or is falsely (4) The advertisement for sale of any debt to represented to be a document authorized, is- coerce payment of the debt. sued, or approved by any court, official, or (5) Causing a telephone to ring or engaging agency of the United States or any State, or any person in telephone conversation repeat- which creates a false impression as to its edly or continuously with intent to annoy, source, authorization, or approval. abuse, or harass any person at the called num- (10) The use of any false representation or ber. deceptive means to collect or attempt to col- (6) Except as provided in section 1692b of this lect any debt or to obtain information con- title, the placement of telephone calls without cerning a consumer. meaningful disclosure of the caller’s identity. (11) The failure to disclose in the initial (Pub. L. 90–321, title VIII, § 806, as added Pub. L. written communication with the consumer 95–109, Sept. 20, 1977, 91 Stat. 877.) and, in addition, if the initial communication with the consumer is oral, in that initial oral REFERENCES IN TEXT communication, that the debt collector is at- Section 1681b(3) of this title, referred to in par. (3), tempting to collect a debt and that any infor- was redesignated section 1681b(a)(3) of this title by Pub. mation obtained will be used for that purpose, L. 104–208, div. A, title II, § 2403(a)(1), Sept. 30, 1996, 110 and the failure to disclose in subsequent com- Stat. 3009–430. munications that the communication is from § 1692e. False or misleading representations a debt collector, except that this paragraph shall not apply to a formal pleading made in A debt collector may not use any false, decep- connection with a legal action. tive, or misleading representation or means in (12) The false representation or implication that accounts have been turned over to inno- 1 See References in Text note below. cent purchasers for value. § 1692f TITLE 15—COMMERCE AND TRADE Page 1448

(13) The false representation or implication (B) there is no present intention to take that documents are legal process. possession of the property; or (14) The use of any business, company, or or- (C) the property is exempt by law from ganization name other than the true name of such dispossession or disablement. the debt collector’s business, company, or or- ganization. (7) Communicating with a consumer regard- (15) The false representation or implication ing a debt by post card. that documents are not legal process forms or (8) Using any language or symbol, other than do not require action by the consumer. the debt collector’s address, on any envelope (16) The false representation or implication when communicating with a consumer by use that a debt collector operates or is employed of the mails or by telegram, except that a debt by a consumer reporting agency as defined by collector may use his business name if such section 1681a(f) of this title. name does not indicate that he is in the debt collection business. (Pub. L. 90–321, title VIII, § 807, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 877; amended Pub. (Pub. L. 90–321, title VIII, § 808, as added Pub. L. L. 104–208, div. A, title II, § 2305(a), Sept. 30, 1996, 95–109, Sept. 20, 1977, 91 Stat. 879.) 110 Stat. 3009–425.) § 1692g. Validation of debts AMENDMENTS (a) Notice of debt; contents 1996—Par. (11). Pub. L. 104–208 amended par. (11) gen- erally. Prior to amendment, par. (11) read as follows: Within five days after the initial communica- ‘‘Except as otherwise provided for communications to tion with a consumer in connection with the acquire location information under section 1692b of this collection of any debt, a debt collector shall, un- title, the failure to disclose clearly in all communica- less the following information is contained in tions made to collect a debt or to obtain information the initial communication or the consumer has about a consumer, that the debt collector is attempting to collect a debt and that any information obtained paid the debt, send the consumer a written no- will be used for that purpose.’’ tice containing— (1) the amount of the debt; EFFECTIVE DATE OF 1996 AMENDMENT (2) the name of the creditor to whom the Pub. L. 104–208, div. A, title II, § 2305(b), Sept. 30, 1996, debt is owed; 110 Stat. 3009–425, provided that: ‘‘The amendment (3) a statement that unless the consumer, made by subsection (a) [amending this section] shall within thirty days after receipt of the notice, take effect 90 days after the date of enactment of this disputes the validity of the debt, or any por- Act [Sept. 30, 1996] and shall apply to all communica- tions made after that date of enactment.’’ tion thereof, the debt will be assumed to be valid by the debt collector; § 1692f. Unfair practices (4) a statement that if the consumer notifies A debt collector may not use unfair or uncon- the debt collector in writing within the thirty- scionable means to collect or attempt to collect day period that the debt, or any portion there- any debt. Without limiting the general applica- of, is disputed, the debt collector will obtain tion of the foregoing, the following conduct is a verification of the debt or a copy of a judg- violation of this section: ment against the consumer and a copy of such (1) The collection of any amount (including verification or judgment will be mailed to the any interest, fee, charge, or expense incidental consumer by the debt collector; and to the principal obligation) unless such (5) a statement that, upon the consumer’s amount is expressly authorized by the agree- written request within the thirty-day period, ment creating the debt or permitted by law. the debt collector will provide the consumer (2) The acceptance by a debt collector from with the name and address of the original any person of a check or other payment in- creditor, if different from the current creditor. strument postdated by more than five days un- (b) Disputed debts less such person is notified in writing of the If the consumer notifies the debt collector in debt collector’s intent to deposit such check writing within the thirty-day period described or instrument not more than ten nor less than in subsection (a) of this section that the debt, or three business days prior to such deposit. any portion thereof, is disputed, or that the con- (3) The solicitation by a debt collector of sumer requests the name and address of the any postdated check or other postdated pay- original creditor, the debt collector shall cease ment instrument for the purpose of threaten- collection of the debt, or any disputed portion ing or instituting criminal prosecution. (4) Depositing or threatening to deposit any thereof, until the debt collector obtains verifica- postdated check or other postdated payment tion of the debt or a copy of a judgment, or the instrument prior to the date on such check or name and address of the original creditor, and a instrument. copy of such verification or judgment, or name (5) Causing charges to be made to any person and address of the original creditor, is mailed to for communications by concealment of the the consumer by the debt collector. Collection true purpose of the communication. Such activities and communications that do not charges include, but are not limited to, collect otherwise violate this subchapter may continue telephone calls and telegram fees. during the 30-day period referred to in sub- (6) Taking or threatening to take any non- section (a) unless the consumer has notified the judicial action to effect dispossession or dis- debt collector in writing that the debt, or any ablement of property if— portion of the debt, is disputed or that the con- (A) there is no present right to possession sumer requests the name and address of the of the property claimed as collateral original creditor. Any collection activities and through an enforceable security interest; communication during the 30-day period may Page 1449 TITLE 15—COMMERCE AND TRADE § 1692k not overshadow or be inconsistent with the dis- (Pub. L. 90–321, title VIII, § 810, as added Pub. L. closure of the consumer’s right to dispute the 95–109, Sept. 20, 1977, 91 Stat. 880.) debt or request the name and address of the original creditor. § 1692i. Legal actions by debt collectors (c) Admission of liability (a) Venue The failure of a consumer to dispute the valid- Any debt collector who brings any legal action ity of a debt under this section may not be con- on a debt against any consumer shall— strued by any court as an admission of liability (1) in the case of an action to enforce an in- by the consumer. terest in real property securing the consum- er’s obligation, bring such action only in a ju- (d) Legal pleadings dicial district or similar legal entity in which A communication in the form of a formal such real property is located; or pleading in a civil action shall not be treated as (2) in the case of an action not described in an initial communication for purposes of sub- paragraph (1), bring such action only in the ju- section (a). dicial district or similar legal entity— (e) Notice provisions (A) in which such consumer signed the contract sued upon; or The sending or delivery of any form or notice (B) in which such consumer resides at the which does not relate to the collection of a debt commencement of the action. and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [15 U.S.C. 6801 et seq.], (b) Authorization of actions or any provision of Federal or State law relating Nothing in this subchapter shall be construed to notice of data security breach or privacy, or to authorize the bringing of legal actions by any regulation prescribed under any such provi- debt collectors. sion of law, shall not be treated as an initial (Pub. L. 90–321, title VIII, § 811, as added Pub. L. communication in connection with debt collec- 95–109, Sept. 20, 1977, 91 Stat. 880.) tion for purposes of this section. (Pub. L. 90–321, title VIII, § 809, as added Pub. L. § 1692j. Furnishing certain deceptive forms 95–109, Sept. 20, 1977, 91 Stat. 879; amended Pub. (a) It is unlawful to design, compile, and fur- L. 109–351, title VIII, § 802, Oct. 13, 2006, 120 Stat. nish any form knowing that such form would be 2006.) used to create the false belief in a consumer REFERENCES IN TEXT that a person other than the creditor of such consumer is participating in the collection of or The Gramm-Leach-Bliley Act, referred to in subsec. in an attempt to collect a debt such consumer (e), is Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1338. Title V of the Act is classified principally to chapter 94 (§ allegedly owes such creditor, when in fact such 6801 et seq.) of this title. For complete classification of person is not so participating. this Act to the Code, see Short Title of 1999 Amend- (b) Any person who violates this section shall ment note set out under section 1811 of Title 12, Banks be liable to the same extent and in the same and Banking, and Tables. manner as a debt collector is liable under sec- tion 1692k of this title for failure to comply with AMENDMENTS a provision of this subchapter. 2006—Subsec. (b). Pub. L. 109–351, § 802(c), inserted at end ‘‘Collection activities and communications that do (Pub. L. 90–321, title VIII, § 812, as added Pub. L. not otherwise violate this subchapter may continue 95–109, Sept. 20, 1977, 91 Stat. 880.) during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in § 1692k. Civil liability writing that the debt, or any portion of the debt, is dis- (a) Amount of damages puted or that the consumer requests the name and ad- dress of the original creditor. Any collection activities Except as otherwise provided by this section, and communication during the 30-day period may not any debt collector who fails to comply with any overshadow or be inconsistent with the disclosure of provision of this subchapter with respect to any the consumer’s right to dispute the debt or request the person is liable to such person in an amount name and address of the original creditor.’’ equal to the sum of— Subsec. (d). Pub. L. 109–351, § 802(a), added subsec. (d). Subsec. (e). Pub. L. 109–351, § 802(b), added subsec. (e). (1) any actual damage sustained by such per- son as a result of such failure; EFFECTIVE DATE (2)(A) in the case of any action by an indi- Section applicable only with respect to debts for vidual, such additional damages as the court which the initial attempt to collect occurs after the ef- may allow, but not exceeding $1,000; or fective date of this subchapter, which takes effect upon (B) in the case of a class action, (i) such the expiration of six months after Sept. 20, 1977, see amount for each named plaintiff as could be section 819 of Pub. L. 90–321, set out as a note under sec- recovered under subparagraph (A), and (ii) tion 1692 of this title. such amount as the court may allow for all other class members, without regard to a min- § 1692h. Multiple debts imum individual recovery, not to exceed the If any consumer owes multiple debts and lesser of $500,000 or 1 per centum of the net makes any single payment to any debt collector worth of the debt collector; and with respect to such debts, such debt collector (3) in the case of any successful action to en- may not apply such payment to any debt which force the foregoing liability, the costs of the is disputed by the consumer and, where applica- action, together with a reasonable attorney’s ble, shall apply such payment in accordance fee as determined by the court. On a finding by with the consumer’s directions. the court that an action under this section § 1692l TITLE 15—COMMERCE AND TRADE Page 1450

was brought in bad faith and for the purpose of of the requirements imposed under this sub- harassment, the court may award to the de- chapter is specifically committed to another fendant attorney’s fees reasonable in relation Government agency under any of paragraphs (1) to the work expended and costs. through (5) of subsection (b), subject to subtitle (b) Factors considered by court B of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5511 et seq.]. For purpose of the In determining the amount of liability in any exercise by the Federal Trade Commission of its action under subsection (a) of this section, the functions and powers under the Federal Trade court shall consider, among other relevant fac- Commission Act (15 U.S.C. 41 et seq.), a viola- tors— tion of this subchapter shall be deemed an un- (1) in any individual action under subsection fair or deceptive act or practice in violation of (a)(2)(A) of this section, the frequency and per- that Act. All of the functions and powers of the sistence of noncompliance by the debt collec- Federal Trade Commission under the Federal tor, the nature of such noncompliance, and the Trade Commission Act are available to the Fed- extent to which such noncompliance was in- eral Trade Commission to enforce compliance by tentional; or any person with this subchapter, irrespective of (2) in any class action under subsection whether that person is engaged in commerce or (a)(2)(B) of this section, the frequency and per- meets any other jurisdictional tests under the sistence of noncompliance by the debt collec- Federal Trade Commission Act, including the tor, the nature of such noncompliance, the re- power to enforce the provisions of this sub- sources of the debt collector, the number of chapter, in the same manner as if the violation persons adversely affected, and the extent to had been a violation of a Federal Trade Commis- which the debt collector’s noncompliance was sion trade regulation rule. intentional. (b) Applicable provisions of law (c) Intent Subject to subtitle B of the Consumer Finan- A debt collector may not be held liable in any cial Protection Act of 2010, compliance with any action brought under this subchapter if the debt requirements imposed under this subchapter collector shows by a preponderance of evidence shall be enforced under— that the violation was not intentional and re- (1) section 8 of the Federal Deposit Insur- sulted from a bona fide error notwithstanding ance Act [12 U.S.C. 1818], by the appropriate the maintenance of procedures reasonably Federal banking agency, as defined in section adapted to avoid any such error. 3(q) of the Federal Deposit Insurance Act (12 (d) Jurisdiction U.S.C. 1813(q)), with respect to— An action to enforce any liability created by (A) national banks, Federal savings asso- this subchapter may be brought in any appro- ciations, and Federal branches and Federal priate United States district court without re- agencies of foreign banks; (B) member banks of the Federal Reserve gard to the amount in controversy, or in any System (other than national banks), other court of competent jurisdiction, within branches and agencies of foreign banks one year from the date on which the violation (other than Federal branches, Federal agen- occurs. cies, and insured State branches of foreign (e) Advisory opinions of Bureau banks), commercial lending companies No provision of this section imposing any li- owned or controlled by foreign banks, and ability shall apply to any act done or omitted in organizations operating under section 25 or good faith in conformity with any advisory 25A of the Federal Reserve Act [12 U.S.C. 601 opinion of the Bureau, notwithstanding that et seq., 611 et seq.]; and after such act or omission has occurred, such (C) banks and State savings associations opinion is amended, rescinded, or determined by insured by the Federal Deposit Insurance judicial or other authority to be invalid for any Corporation (other than members of the reason. Federal Reserve System), and insured State branches of foreign banks; (Pub. L. 90–321, title VIII, § 813, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 881; amended Pub. (2) the Federal Credit Union Act [12 U.S.C. L. 111–203, title X, § 1089(1), July 21, 2010, 124 1751 et seq.], by the Administrator of the Na- Stat. 2092.) tional Credit Union Administration with re- spect to any Federal credit union; AMENDMENTS (3) subtitle IV of title 49, by the Secretary of 2010—Subsec. (e). Pub. L. 111–203 substituted ‘‘Bu- Transportation, with respect to all carriers reau’’ for ‘‘Commission’’. subject to the jurisdiction of the Surface Transportation Board; EFFECTIVE DATE OF 2010 AMENDMENT (4) part A of subtitle VII of title 49, by the Amendment by Pub. L. 111–203 effective on the des- Secretary of Transportation with respect to ignated transfer date, see section 1100H of Pub. L. any air carrier or any foreign air carrier sub- 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. ject to that part; (5) the Packers and Stockyards Act, 1921 [7 § 1692l. Administrative enforcement U.S.C. 181 et seq.] (except as provided in sec- tion 406 of that Act [7 U.S.C. 226, 227]), by the (a) Federal Trade Commission Secretary of Agriculture with respect to any The Federal Trade Commission shall be au- activities subject to that Act; and thorized to enforce compliance with this sub- (6) subtitle E of the Consumer Financial chapter, except to the extent that enforcement Protection Act of 2010 [12 U.S.C. 5561 et seq.], Page 1451 TITLE 15—COMMERCE AND TRADE § 1692l

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- acted subtitles II, III, and V to X of Title 49. Banking Act of 1978 (12 U.S.C. 3101). 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 this section of its section, which is section 814 of the Act, to reflect the probable intent of Congress. See 2010 Amendment note powers under any Act referred to in that sub- below. section, a violation of any requirement imposed under this subchapter shall be deemed to be a AMENDMENTS violation of a requirement imposed under that 2010—Subsec. (a). Pub. L. 111–203, § 1089(3)(A), added Act. In addition to its powers under any provi- subsec. (a) and struck out former subsec. (a). Prior to sion of law specifically referred to in subsection amendment, text read as follows: ‘‘Compliance with (b) of this section, each of the agencies referred this subchapter shall be enforced by the Commission, to in that subsection may exercise, for the pur- except to the extent that enforcement of the require- ments imposed under this subchapter is specifically pose of enforcing compliance with any require- committed to another agency under subsection (b) of ment imposed under this subchapter any other this section. For purpose of the exercise by the Com- authority conferred on it by law, except as pro- mission of its functions and powers under the Federal vided in subsection (d) of this section. Trade Commission Act, a violation of this subchapter (d) Rules and regulations shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers Except as provided in section 1029(a) of the of the Commission under the Federal Trade Commis- Consumer Financial Protection Act of 2010 [12 sion Act are available to the Commission to enforce U.S.C. 5519(a)], the Bureau may prescribe rules compliance by any person with this subchapter, irre- with respect to the collection of debts by debt spective of whether that person is engaged in com- collectors, as defined in this subchapter. merce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to (Pub. L. 90–321, title VIII, § 814, as added Pub. L. enforce the provisions of this subchapter in the same 95–109, Sept. 20, 1977, 91 Stat. 881; amended Pub. manner as if the violation had been a violation of a L. 98–443, § 9(n), Oct. 4, 1984, 98 Stat. 1708; Pub. L. Federal Trade Commission trade regulation rule.’’ 101–73, title VII, § 744(n), Aug. 9, 1989, 103 Stat. Subsec. (b). Pub. L. 111–203, § 1089(3)(B)(i), substituted 440; Pub. L. 102–242, title II, § 212(e), Dec. 19, 1991, ‘‘Subject to subtitle B of the Consumer Financial Pro- 105 Stat. 2301; Pub. L. 102–550, title XVI, tection Act of 2010, compliance’’ for ‘‘Compliance’’ in introductory provisions. § 1604(a)(8), Oct. 28, 1992, 106 Stat. 4082; Pub. L. Subsec. (b)(1). Pub. L. 111–203, § 1089(3)(B)(ii), added 104–88, title III, § 316, Dec. 29, 1995, 109 Stat. 949; par. (1) and struck out former par. (1) which read as fol- Pub. L. 111–203, title X, § 1089(3), (4), July 21, 2010, lows: ‘‘section 8 of the Federal Deposit Insurance Act, 124 Stat. 2092, 2093.) in the case of— ‘‘(A) national banks, and Federal branches and Fed- REFERENCES IN TEXT eral agencies of foreign banks, by the Office of the The Consumer Financial Protection Act of 2010, re- Comptroller of the Currency; ferred to in subsecs. (a) and (b), is title X of Pub. L. ‘‘(B) member banks of the Federal Reserve System 111–203, July 21, 2010, 124 Stat. 1955. Subtitles B (other than national banks), branches and agencies of (§§ 1021–1029A) and E (§§ 1051–1058) of the Act are classi- foreign banks (other than Federal branches, Federal fied generally to parts B (§ 5511 et seq.) and E (§ 5561 et agencies, and insured State branches of foreign seq.), respectively, of subchapter V of chapter 53 of banks), commercial lending companies owned or con- Title 12, Banks and Banking. For complete classifica- trolled by foreign banks, and organizations operating tion of subtitles B and E to the Code, see Tables. under section 25 or 25(a) of the Federal Reserve Act, The Federal Trade Commission Act, referred to in by the Board of Governors of the Federal Reserve subsec. (a), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, System; and which is classified generally to subchapter I (§ 41 et ‘‘(C) banks insured by the Federal Deposit Insur- seq.) of chapter 2 of this title. For complete classifica- ance Corporation (other than members of the Federal tion of this Act to the Code, see section 58 of this title Reserve System) and insured State branches of for- and Tables. eign banks, by the Board of Directors of the Federal Sections 25 and 25A of the Federal Reserve Act, re- Deposit Insurance Corporation;’’. ferred to in subsec. (b)(1)(B), are classified to sub- Subsec. (b)(2) to (6). Pub. L. 111–203, chapters I (§ 601 et seq.) and II (§ 611 et seq.), respec- § 1089(3)(B)(ii)–(vi), added par. (6), redesignated former tively, of chapter 6 of Title 12, Banks and Banking. pars. (3) to (6) as (2) to (5), respectively, and struck out The Federal Credit Union Act, referred to in subsec. former par. (2) which read as follows: ‘‘section 8 of the (b)(2), is act June 26, 1934, ch. 750, 48 Stat. 1216, which Federal Deposit Insurance Act, by the Director of the is classified generally to chapter 14 (§ 1751 et seq.) of Office of Thrift Supervision, in the case of a savings as- Title 12. For complete classification of this Act to the sociation the deposits of which are insured by the Fed- Code, see section 1751 of Title 12 and Tables. eral Deposit Insurance Corporation;’’. The Packers and Stockyards Act, 1921, referred to in Subsec. (d). Pub. L. 111–203, § 1089(4), substituted ‘‘Ex- subsec. (b)(5), is act Aug. 15, 1921, ch. 64, 42 Stat. 159, cept as provided in section 1029(a) of the Consumer Fi- which is classified generally to chapter 9 (§ 181 et seq.) nancial Protection Act of 2010, the Bureau may pre- of Title 7, Agriculture. For complete classification of scribe rules with respect to the collection of debts by this Act to the Code, see section 181 of Title 7 and debt collectors, as defined in this subchapter’’ for ‘‘Nei- Tables. ther the Commission nor any other agency referred to in subsection (b) of this section may promulgate trade CODIFICATION regulation rules or other regulations with respect to In subsec. (b)(3), ‘‘subtitle IV of title 49’’ substituted the collection of debts by debt collectors as defined in for ‘‘the Acts to regulate commerce’’ on authority of this subchapter’’. See Codification note above. § 1692m TITLE 15—COMMERCE AND TRADE Page 1452

1995—Subsec. (b)(4). Pub. L. 104–88 substituted ‘‘Sec- functions under this subchapter, including such retary of Transportation, with respect to all carriers recommendations as the Bureau deems nec- subject to the jurisdiction of the Surface Transpor- essary or appropriate. In addition, each report of tation Board’’ for ‘‘Interstate Commerce Commission the Bureau shall include its assessment of the with respect to any common carrier subject to those Acts’’. extent to which compliance with this sub- 1992—Subsec. (b)(1)(C). Pub. L. 102–550 substituted chapter is being achieved and a summary of the semicolon for period at end. enforcement actions taken by the Bureau under 1991—Subsec. (b). Pub. L. 102–242, § 212(e)(2), inserted section 1692l of this title. at end ‘‘The terms used in paragraph (1) that are not (b) In the exercise of its functions under this defined in this subchapter or otherwise defined in sec- subchapter, the Bureau may obtain upon request tion 3(s) of the Federal Deposit Insurance Act (12 U.S.C. the views of any other Federal agency which ex- 1813(s)) shall have the meaning given to them in section ercises enforcement functions under section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).’’ 1692l of this title. Pub. L. 102–242, § 212(e)(1), added par. (1) and struck (Pub. L. 90–321, title VIII, § 815, as added Pub. L. out former par. (1) which read as follows: ‘‘section 8 of 95–109, Sept. 20, 1977, 91 Stat. 882; amended Pub. Federal Deposit Insurance Act, in the case of— L. 111–203, title X, § 1089(1), July 21, 2010, 124 ‘‘(A) national banks, by the Comptroller of the Cur- Stat. 2092.) rency; ‘‘(B) member banks of the Federal Reserve System REFERENCES IN TEXT (other than national banks), by the Federal Reserve The effective date of this subchapter, referred to in Board; and subsec. (a), is the date occurring on expiration of six ‘‘(C) banks the deposits or accounts of which are in- months after Sept. 20, 1977. See section 819 of Pub. L. sured by the Federal Deposit Insurance Corporation 90–321, set out as an Effective Date note under section (other than members of the Federal Reserve System), 1692 of this title. by the Board of Directors of the Federal Deposit In- surance Corporation;’’. AMENDMENTS 1989—Subsec. (b)(2). Pub. L. 101–73 amended par. (2) 2010—Pub. L. 111–203 substituted ‘‘Bureau’’ for ‘‘Com- generally. Prior to amendment, par. (2) read as follows: mission’’ wherever appearing. ‘‘section 5(d) of the Home Owners Loan Act of 1933, sec- tion 407 of the National Housing Act, and sections 6(i) EFFECTIVE DATE OF 2010 AMENDMENT and 17 of the Federal Home Loan Bank Act, by the Fed- Amendment by Pub. L. 111–203 effective on the des- eral Home Loan Bank Board (acting directly or ignated transfer date, see section 1100H of Pub. L. through the Federal Savings and Loan Insurance Cor- 111–203, set out as a note under section 552a of Title 5, poration), in the case of any institution subject to any Government Organization and Employees. of those provisions;’’. 1984—Subsec. (b)(5). Pub. L. 98–443 substituted ‘‘Sec- § 1692n. Relation to State laws retary of Transportation’’ for ‘‘Civil Aeronautics Board’’. This subchapter does not annul, alter, or af- fect, or exempt any person subject to the provi- EFFECTIVE DATE OF 2010 AMENDMENT sions of this subchapter from complying with Amendment by Pub. L. 111–203 effective on the des- the laws of any State with respect to debt col- ignated transfer date, see section 1100H of Pub. L. lection practices, except to the extent that 111–203, set out as a note under section 552a of Title 5, those laws are inconsistent with any provision Government Organization and Employees. of this subchapter, and then only to the extent EFFECTIVE DATE OF 1995 AMENDMENT of the inconsistency. For purposes of this sec- tion, a State law is not inconsistent with this Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective subchapter if the protection such law affords Date note under section 701 of Title 49, Transportation. any consumer is greater than the protection provided by this subchapter. EFFECTIVE DATE OF 1992 AMENDMENT (Pub. L. 90–321, title VIII, § 816, as added Pub. L. Amendment by Pub. L. 102–550 effective as if included 95–109, Sept. 20, 1977, 91 Stat. 883.) in the Federal Deposit Insurance Corporation Improve- ment Act of 1991, Pub. L. 102–242, as of Dec. 19, 1991, see § 1692o. Exemption for State regulation section 1609(a) of Pub. L. 102–550, set out as a note under section 191 of Title 12, Banks and Banking. The Bureau shall by regulation exempt from the requirements of this subchapter any class of EFFECTIVE DATE OF 1984 AMENDMENT debt collection practices within any State if the Amendment by Pub. L. 98–443 effective Jan. 1, 1985, Bureau determines that under the law of that see section 9(v) of Pub. L. 98–443, set out as a note under State that class of debt collection practices is section 5314 of Title 5, Government Organization and subject to requirements substantially similar to Employees. those imposed by this subchapter, and that TRANSFER OF FUNCTIONS there is adequate provision for enforcement. Functions vested in Administrator of National Credit (Pub. L. 90–321, title VIII, § 817, as added Pub. L. Union Administration transferred and vested in Na- 95–109, Sept. 20, 1977, 91 Stat. 883; amended Pub. tional Credit Union Administration Board pursuant to L. 111–203, title X, § 1089(1), July 21, 2010, 124 section 1752a of Title 12, Banks and Banking. Stat. 2092.) § 1692m. Reports to Congress by the Bureau; AMENDMENTS views of other Federal agencies 2010—Pub. L. 111–203 substituted ‘‘Bureau’’ for ‘‘Com- mission’’ in two places. (a) Not later than one year after the effective date of this subchapter and at one-year intervals EFFECTIVE DATE OF 2010 AMENDMENT thereafter, the Bureau shall make reports to the Amendment by Pub. L. 111–203 effective on the des- Congress concerning the administration of its ignated transfer date, see section 1100H of Pub. L. Page 1453 TITLE 15—COMMERCE AND TRADE § 1692p

111–203, set out as a note under section 552a of Title 5, the result of the conduct of the alleged Government Organization and Employees. offender, the alleged offender may file a 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 (a) In general private entity or the district attorney in (1) Treatment of certain private entities writing, not later than 30 days after 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- collector, pursuant to the exception provided ther restitution efforts are pursued, the in section 1692a(6) of this title, with respect to district attorney or an employee of the the operation by the entity of a program de- district attorney authorized to make scribed in paragraph (2)(A) under a contract such a determination makes a deter- described in paragraph (2)(B). mination that there is probable cause to (2) Conditions of applicability believe that a crime has been commit- Paragraph (1) shall apply if— ted; and (A) a State or district attorney estab- (vi) charges only fees in connection with lishes, within the jurisdiction of such State services under the contract that have been or district attorney and with respect to al- authorized by the contract with the State leged bad check violations that do not in- or district attorney. volve a check described in subsection (b), a (b) Certain checks excluded pretrial diversion program for alleged bad A check is described in this subsection if the check offenders who agree to participate vol- check involves, or is subsequently found to in- untarily in such program to avoid criminal volve— prosecution; (1) a postdated check presented in connec- (B) a private entity, that is subject to an tion with a payday loan, or other similar administrative support services contract transaction, where the payee of the check with a State or district attorney and oper- knew that the issuer had insufficient funds at ates under the direction, supervision, and the time the check was made, drawn, or deliv- control of such State or district attorney, ered; operates the pretrial diversion program de- (2) a stop payment order where the issuer scribed in subparagraph (A); and acted in good faith and with reasonable cause (C) in the course of performing duties dele- in stopping payment on the check; gated to it by a State or district attorney (3) a check dishonored because of an adjust- under the contract, the private entity re- ment to the issuer’s account by the financial ferred to in subparagraph (B)— institution holding such account without pro- (i) complies with the penal laws of the viding notice to the person at the time the State; check was made, drawn, or delivered; (ii) conforms with the terms of the con- (4) a check for partial payment of a debt tract and directives of the State or district where the payee had previously accepted par- attorney; tial payment for such debt; (iii) does not exercise independent pros- (5) a check issued by a person who was not ecutorial discretion; competent, or was not of legal age, to enter (iv) contacts any alleged offender re- into a legal contractual obligation at the time ferred to in subparagraph (A) for purposes the check was made, drawn, or delivered; or of participating in a program referred to in (6) a check issued to pay an obligation aris- such paragraph— ing from a transaction that was illegal in the (I) only as a result of any determina- jurisdiction of the State or district attorney tion by the State or district attorney at the time the check was made, drawn, or de- that probable cause of a bad check viola- livered. tion under State penal law exists, and (c) Definitions that contact with the alleged offender For purposes of this section, the following for purposes of participation in the pro- definitions shall apply: gram is appropriate; and (1) State or district attorney (II) the alleged offender has failed to The term ‘‘State or district attorney’’ means pay the bad check after demand for pay- the chief elected or appointed prosecuting at- ment, pursuant to State law, is made for torney in a district, county (as defined in sec- payment of the check amount; tion 2 of title 1), municipality, or comparable (v) includes as part of an initial written jurisdiction, including State attorneys general communication with an alleged offender a who act as chief elected or appointed prosecut- clear and conspicuous statement that— ing attorneys in a district, county (as so de- (I) the alleged offender may dispute fined), municipality or comparable jurisdic- the validity of any alleged bad check tion, who may be referred to by a variety of violation; titles such as district attorneys, prosecuting (II) where the alleged offender knows, attorneys, commonwealth’s attorneys, solici- or has reasonable cause to believe, that tors, county attorneys, and state’s attorneys, the alleged bad check violation is the re- and who are responsible for the prosecution of sult of theft or forgery of the check, State crimes and violations of jurisdiction- identity theft, or other fraud that is not specific local ordinances. § 1693 TITLE 15—COMMERCE AND TRADE Page 1454

(2) Check § 1693a. Definitions The term ‘‘check’’ has the same meaning as As used in this subchapter— in section 5002(6) of title 12. (1) the term ‘‘accepted card or other means (3) Bad check violation of access’’ means a card, code, or other means The term ‘‘bad check violation’’ means a of access to a consumer’s account for the pur- violation of the applicable State criminal law pose of initiating electronic fund transfers relating to the writing of dishonored checks. when the person to whom such card or other means of access was issued has requested and (Pub. L. 90–321, title VIII, § 818, as added Pub. L. received or has signed or has used, or author- 109–351, title VIII, § 801(a)(2), Oct. 13, 2006, 120 ized another to use, such card or other means Stat. 2004.) of access for the purpose of transferring money between accounts or obtaining money, SUBCHAPTER VI—ELECTRONIC FUND property, labor, or services; TRANSFERS (2) the term ‘‘account’’ means a demand de- § 1693. Congressional findings and declaration of posit, savings deposit, or other asset account purpose (other than an occasional or incidental credit balance in an open end credit plan as defined (a) Rights and liabilities undefined in section 1602(i) 1 of this title), as described in The Congress finds that the use of electronic regulations of the Bureau, established pri- systems to transfer funds provides the potential marily for personal, family, or household pur- for substantial benefits to consumers. However, poses, but such term does not include an ac- due to the unique characteristics of such sys- count held by a financial institution pursuant tems, the application of existing consumer pro- to a bona fide trust agreement; tection legislation is unclear, leaving the rights (4) 2 the term ‘‘Board’’ means the Board of and liabilities of consumers, financial institu- Governors of the Federal Reserve System; tions, and intermediaries in electronic fund (4) 2 the term ‘‘Bureau’’ means the Bureau of transfers undefined. Consumer Financial Protection; (b) Purposes (5) the term ‘‘business day’’ means any day on which the offices of the consumer’s finan- It is the purpose of this subchapter to provide cial institution involved in an electronic fund a basic framework establishing the rights, li- transfer are open to the public for carrying on abilities, and responsibilities of participants in substantially all of its business functions; electronic fund and remittance transfer sys- (6) the term ‘‘consumer’’ means a natural tems. The primary objective of this subchapter, person; however, is the provision of individual consumer (7) the term ‘‘electronic fund transfer’’ rights. means any transfer of funds, other than a (Pub. L. 90–321, title IX, § 902, as added Pub. L. transaction originated by check, draft, or 95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. 3728; similar paper instrument, which is initiated amended Pub. L. 111–203, title X, § 1073(a)(1), July through an electronic terminal, telephonic in- 21, 2010, 124 Stat. 2060.) strument, or computer or magnetic tape so as to order, instruct, or authorize a financial in- AMENDMENTS stitution to debit or credit an account. Such 2010—Subsec. (b). Pub. L. 111–203 inserted ‘‘and remit- term includes, but is not limited to, point-of- tance’’ after ‘‘electronic fund’’. sale transfers, automated teller machine EFFECTIVE DATE OF 2010 AMENDMENT transactions, direct deposits or withdrawals of Amendment by Pub. L. 111–203 effective 1 day after funds, and transfers initiated by telephone. July 21, 2010, except as otherwise provided, see section Such term does not include— 4 of Pub. L. 111–203, set out as an Effective Date note (A) any check guarantee or authorization under section 5301 of Title 12, Banks and Banking. service which does not directly result in a debit or credit to a consumer’s account: 3 EFFECTIVE DATE (B) any transfer of funds, other than those Pub. L. 90–321, title IX, § 923, formerly § 921, as added processed by automated clearinghouse, made by Pub. L. 95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. by a financial institution on behalf of a con- 3741, renumbered § 922, Pub. L. 111–24, title IV, § 401(1), sumer by means of a service that transfers May 22, 2009, 123 Stat. 1751; renumbered § 923, Pub. L. funds held at either Federal Reserve banks 111–203, title X, § 1073(a)(3), July 21, 2010, 124 Stat. 2060, provided that: ‘‘This title [enacting this subchapter] or other depository institutions and which is takes effect upon the expiration of eighteen months not designed primarily to transfer funds on from the date of its enactment [Nov. 10, 1978], except behalf of a consumer; that sections 909 and 911 [sections 1693g, 1693i of this (C) any transaction the primary purpose of title] take effect upon the expiration of ninety days which is the purchase or sale of securities or after the date of enactment.’’ commodities through a broker-dealer reg- [Pub. L. 111–203, § 1073(a)(3), which directed renumber- istered with or regulated by the Securities ing of section 922 of Pub. L. 90–321 as section 923 effec- and Exchange Commission; tive 1 day after July 21, 2010, was executed after the re- (D) any automatic transfer from a savings numbering of section 921 of Pub. L. 90–321 as section 922 by Pub. L. 111–24, § 401(1), effective 15 months after May account to a demand deposit account pursu- 22, 2009, to reflect the probable intent of Congress.] ant to an agreement between a consumer

SHORT TITLE 1 See References in Text note below. This subchapter known as the ‘‘Electronic Fund 2 So in original. There are two pars. designated ‘‘(4)’’ and no Transfer Act’’, see Short Title note set out under sec- par. (3). tion 1601 of this title. 3 So in original. The colon probably should be a semicolon.