I am this close to screaming at the top of my lungs. Arkansas recently passed its own FDCPA (Act 1455 of 2009, codified at Ark. Code Ann. §17-24-501 et seq., passed in April 2009) that is substantially similar to the federal FDCPA. But why?
Under 15 U.S.C. §1692o,
"The Commission shall by regulation exempt from the requirements of this subchapter any class of debt collection practices within any State if the Commission determines that under the law of that State that class of debt collection practices is subject to requirements substantially similar to those imposed by this subchapter, and that there is adequate provision for enforcement."
In addition, this is the only provision of the FDCPA that has federal regulations, 16 C.F.R. §901 et seq(found at
http://ecfr.gpoaccess.gov/cgi/t/text/text-idxc=ecfr;sid=2f1072eb816390ab3d1167ea802767d7;rgn=div5;view=text;node=16%3A1.0.1.9.85;idno=16;cc=ecfr ). What do the regulations say??
"Any State may apply to the Commission pursuant to the terms of this Rule for a determination that, under the laws of that State,1 any class of debt collection practices2 within that State is subject to requirements that are substantially similar to, or provide greater protection for consumers than, those imposed under sections 803 through 812 of the Act, and that there is adequate provision for State enforcement of such requirements. The application shall be in writing, addressed to the Commission, signed by the Governor, Attorney General or State official having primary enforcement or responsibility under the State law which is applicable to the class of debt collection practices, and shall be supported by the documents specified herein.
1 Any reference to State law herein includes a reference to any regulations that implement State law and formal interpretations thereof by a court of competent jurisdiction or duly authorized agency of that State.
2 As applicable, references to “class of debt collection practices” in this rule include one or more such classes of debt collection practices."
"The Commission will consider the criteria set forth below, and any other relevant information, in determining whether the law of a State is substantially similar to, or provides greater protection to consumers than, the provisions of sections 803 through 812 of the Act regarding the class of debt collection practices within that State, and whether there is adequate provision for State enforcement of such law. In making that determination, the Commission primarily will consider each provision of the State law in comparison with each corresponding provision in sections 803 through 812 of the Act, and not the State law as a whole in comparison with the Act as a whole.
(a) In order for provisions of State law to be substantially similar to, or provide greater protection to consumers than the provisions of sections 803 through 812 of the Act, the provisions of State law3 at least shall provide that:
3 This subsection is not be construed as indicating that the Commission would consider adversely any additional requirements of State law that are not inconsistent with the purpose of the Act or the requirements imposed under sections 803 through 812 of the Act.
(1) Definitions and rules of construction, as applicable, import the same meaning and have the same application as those prescribed by sections 803 through 812 of the Act.
(2) Debt collectors provide all of the applicable notifications required by the provisions of sections 803 through 812 of the Act, with the content and in the terminology, form, and time periods prescribed by this part pursuant to sections 803 through 812; however, required references to State law may be substituted for the references to Federal law required in this part. Notification requirements under State law in additional circumstances or with additional detail that do not frustrate any of the purposes of the Act may be determined by the Commission to be consistent with sections 803 through 812 of the Act;
(3) Debt Collectors take all affirmative actions and abide by obligations substantially similar to, or more extensive than, those prescribed by sections 803 through 812 of the Act under substantially similar or more stringent conditions and within the same or more stringent time periods as are prescribed in sections 803 through 812 of the Act;
(4) Debt Collectors abide by the same or more stringent prohibitions as are prescribed by sections 803 through 812 of the act;
(5) Obligations or responsibilities imposed on consumers are no more costly, lengthy, or burdensome relative to consumers exercising any of the rights or gaining the benefits of the protections provided in the State law than corresponding obligations or responsibilities imposed on consumers in sections 803 through 812 of the act.
(6) Consumers' rights and protections are substantially similar to, or more favorable than, those provided by sections 803 through 812 of the Act under conditions or within time periods that are substantially similar to, or more favorable to consumers than, those prescribed by sections 803 through 812 of the Act.
(b) In determining whether provisions for enforcement of the State law referred to in §901.3(a) are adequate, consideration will be given to the extent to which, under State law, provision is made for administrative enforcement, including necessary facilities, personnel, and funding."
~~~~~~~~~~~~~~
The FTC Commission has not mentioned anything about Arkansas being exempt in the Federal Register. So ... I get to scream at Arkansas for making today more complex than it needed to be, right?
pensive
![[info]](http://l-stat.livejournal.com/img/userinfo.gif){kind=small}
star_fly's journal
indescribable
blank
anxious
accomplished
awake
impressed
blah
pessimistic
