
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1692l]

 
                      TITLE 15--COMMERCE AND TRADE
 
                 CHAPTER 41--CONSUMER CREDIT PROTECTION
 
                 SUBCHAPTER V--DEBT COLLECTION PRACTICES
 
Sec. 1692l. Administrative enforcement


(a) Federal Trade Commission

    Compliance with this subchapter shall be enforced by the Commission, 
except to the extent that enforcement of the requirements imposed under 
this subchapter is specifically committed to another agency under 
subsection (b) of this section. For purpose of the exercise by the 
Commission of its functions and powers under the Federal Trade 
Commission Act [15 U.S.C. 41 et seq.], a violation of this subchapter 
shall be deemed an unfair or deceptive act or practice in violation of 
that Act. All of the functions and powers of the Commission under the 
Federal Trade Commission Act are available to the Commission to enforce 
compliance by any person with this subchapter, irrespective of whether 
that person is engaged in commerce or meets any other jurisdictional 
tests in the Federal Trade Commission Act, including the power to 
enforce the provisions of this subchapter in the same manner as if the 
violation had been a violation of a Federal Trade Commission trade 
regulation rule.

(b) Applicable provisions of law

    Compliance with any requirements imposed under this subchapter shall 
be enforced under--
        (1) section 8 of the Federal Deposit Insurance Act [12 U.S.C. 
    1818], in the case of--
            (A) national banks, and Federal branches and Federal 
        agencies of foreign banks, by the Office of the Comptroller of 
        the Currency;
            (B) member banks of the Federal Reserve System (other than 
        national banks), branches and agencies of foreign banks (other 
        than Federal branches, Federal agencies, and insured State 
        branches of foreign banks), commercial lending companies owned 
        or controlled by foreign banks, and organizations operating 
        under section 25 or 25(a) \1\ of the Federal Reserve Act [12 
        U.S.C. 601 et seq., 611 et seq.], by the Board of Governors of 
        the Federal Reserve System; and
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    \1\ See References in Text note below.
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            (C) banks insured by the Federal Deposit Insurance 
        Corporation (other than members of the Federal Reserve System) 
        and insured State branches of foreign banks, by the Board of 
        Directors of the Federal Deposit Insurance Corporation;

        (2) section 8 of the Federal Deposit Insurance Act [12 U.S.C. 
    1818], by the Director of the Office of Thrift Supervision, in the 
    case of a savings association the deposits of which are insured by 
    the Federal Deposit Insurance Corporation;
        (3) the Federal Credit Union Act [12 U.S.C. 1751 et seq.], by 
    the National Credit Union Administration Board with respect to any 
    Federal credit union;
        (4) subtitle IV of title 49, by the Secretary of Transportation, 
    with respect to all carriers subject to the jurisdiction of the 
    Surface Transportation Board;
        (5) part A of subtitle VII of title 49, by the Secretary of 
    Transportation with respect to any air carrier or any foreign air 
    carrier subject to that part; and
        (6) the Packers and Stockyards Act, 1921 [7 U.S.C. 181 et seq.] 
    (except as provided in section 406 of that Act [7 U.S.C. 226, 227]), 
    by the Secretary of Agriculture with respect to any activities 
    subject to that Act.

The terms used in paragraph (1) that are not defined in this subchapter 
or otherwise defined in section 3(s) of the Federal Deposit Insurance 
Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section 
1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).

(c) Agency powers

    For the purpose of the exercise by any agency referred to in 
subsection (b) of this section of its powers under any Act referred to 
in that subsection, a violation of any requirement imposed under this 
subchapter shall be deemed to be a violation of a requirement imposed 
under that Act. In addition to its powers under any provision of law 
specifically referred to in subsection (b) of this section, each of the 
agencies referred to in that subsection may exercise, for the purpose of 
enforcing compliance with any requirement imposed under this subchapter 
any other authority conferred on it by law, except as provided in 
subsection (d) of this section.

(d) Rules and regulations

    Neither the Commission nor any other agency referred to in 
subsection (b) of this section may promulgate trade regulation rules or 
other regulations with respect to the collection of debts by debt 
collectors as defined in this subchapter.

(Pub. L. 90-321, title VIII, Sec. 814, as added Pub. L. 95-109, Sept. 
20, 1977, 91 Stat. 881; amended Pub. L. 95-630, title V, Sec. 501, Nov. 
10, 1978, 92 Stat. 3680; Pub. L. 98-443, Sec. 9(n), Oct. 4, 1984, 98 
Stat. 1708; Pub. L. 101-73, title VII, Sec. 744(n), Aug. 9, 1989, 103 
Stat. 440; Pub. L. 102-242, title II, Sec. 212(e), Dec. 19, 1991, 105 
Stat. 2301; Pub. L. 102-550, title XVI, Sec. 1604(a)(8), Oct. 28, 1992, 
106 Stat. 4082; Pub. L. 104-88, title III, Sec. 316, Dec. 29, 1995, 109 
Stat. 949.)

                       References in Text

    The Federal Trade Commission Act, referred to in subsec. (a), is act 
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified 
generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this title. 
For complete classification of this Act to the Code, see section 58 of 
this title and Tables.
    Section 25(a) of the Federal Reserve Act, referred to in subsec. 
(b)(1)(B), which is classified to subchapter II (Sec. 611 et seq.) of 
chapter 6 of Title 12, Banks and Banking, was renumbered section 25A of 
that act by Pub. L. 102-242, title I, Sec. 142(e)(2), Dec. 19, 1991, 105 
Stat. 2281. Section 25 of the Federal Reserve Act is classified to 
subchapter I (Sec. 601 et seq.) of chapter 6 of Title 12.
    The Federal Credit Union Act, referred to in subsec. (b)(3), is act 
June 26, 1934, ch. 750, 48 Stat. 1216, as amended, which is classified 
generally to chapter 14 (Sec. 1751 et seq.) of Title 12. For complete 
classification of this Act to the Code, see section 1751 of Title 12 and 
Tables.
    The Packers and Stockyards Act, 1921, referred to in subsec. (b)(6), 
is act Aug. 15, 1921, ch. 64, 42 Stat. 159, as amended, which is 
classified generally to chapter 9 (Sec. 181 et seq.) of Title 7, 
Agriculture. For complete classification of this Act to the Code, see 
section 181 of Title 7 and Tables.

                          Codification

    In subsec. (b)(4), ``subtitle IV of title 49'' substituted for ``the 
Acts to regulate commerce'' on authority of Pub. L. 95-473, Sec. 3(b), 
Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted 
subtitle IV of Title 49, Transportation.
    In subsec. (b)(5), ``part A of subtitle VII of title 49'' 
substituted for ``the Federal Aviation Act of 1958 [49 App. U.S.C. 1301 
et seq.]'' and ``that part'' substituted for ``that Act'' on authority 
of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first 
section of which enacted subtitles II, III, and V to X of Title 49.


                               Amendments

    1995--Subsec. (b)(4). Pub. L. 104-88 substituted ``Secretary of 
Transportation, with respect to all carriers subject to the jurisdiction 
of the Surface Transportation Board'' for ``Interstate Commerce 
Commission with respect to any common carrier subject to those Acts''.
    1992--Subsec. (b)(1)(C). Pub. L. 102-550 substituted semicolon for 
period at end.
    1991--Subsec. (b). Pub. L. 102-242, Sec. 212(e)(2), inserted at end 
``The terms used in paragraph (1) that are not defined in this 
subchapter or otherwise defined in section 3(s) of the Federal Deposit 
Insurance Act (12 U.S.C. 1813(s)) shall have the meaning given to them 
in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 
3101).''
    Pub. L. 102-242, Sec. 212(e)(1), added par. (1) and struck out 
former par. (1) which read as follows: ``section 8 of Federal Deposit 
Insurance Act, in the case of--
        ``(A) national banks, by the Comptroller of the Currency;
        ``(B) member banks of the Federal Reserve System (other than 
    national banks), by the Federal Reserve Board; and
        ``(C) banks the deposits or accounts of which are insured by the 
    Federal Deposit Insurance Corporation (other than members of the 
    Federal Reserve System), by the Board of Directors of the Federal 
    Deposit Insurance Corporation;''.
    1989--Subsec. (b)(2). Pub. L. 101-73 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``section 5(d) of the Home 
Owners Loan Act of 1933, section 407 of the National Housing Act, and 
sections 6(i) and 17 of the Federal Home Loan Bank Act, by the Federal 
Home Loan Bank Board (acting directly or through the Federal Savings and 
Loan Insurance Corporation), in the case of any institution subject to 
any of those provisions;''.
    1984--Subsec. (b)(5). Pub. L. 98-443 substituted ``Secretary of 
Transportation'' for ``Civil Aeronautics Board''.


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of 
Pub. L. 104-88, set out as an Effective Date note under section 701 of 
Title 49, Transportation.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-550 effective as if included in the Federal 
Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102-242, 
as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102-550, set out as 
a note under section 191 of Title 12, Banks and Banking.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) 
of Pub. L. 98-443, set out as a note under section 5314 of Title 5, 
Government Organization and Employees.

                          Transfer of Functions

    ``National Credit Union Administration Board'' substituted for 
``Administrator of the National Credit Union Administration'' in subsec. 
(b)(3) pursuant to section 501 of Pub. L. 95-630 [12 U.S.C. 1752a] which 
vested authority for management of National Credit Union Administration 
in National Credit Union Administration Board.

                  Section Referred to in Other Sections

    This section is referred to in section 1692m of this title.
