§ 1692l. — Administrative enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
