First.  We need to understand a few things:

 

A.  What it is that we received from the IRS, and

 

B.  Who and perhaps more importantly, what the sender is, and

 

C.  Did we incur the cost or what is the obligation for, and

 

D.  What is the applicable law the IRS properly operates under

 

Read all of Title 15 Chapter 41 Sub V section 1692 and understand this is law.

 

      Couple this to the fact the IRS is a private corporation under state charter and a debt collection agency by their own admission.

 

      Recognize and understand the “notice” we receive from the IRS is a ‘Bill”. It is a “Charge”.

 

     Understanding a “charge” concept is to understand it is about the “Bill” not the law.

 

      Title 15 relates to "verified assessment", meaning the collector must provide proof to validate the debt and any matter involving debt must be litigated in a state district court.

 

      The IRS developed a very deceptive approach to circumnavigate the defense provided for us by law, namely Title 15.

 

      Title 26, Internal Revenue Code does not, and cannot, apply in our defense since the Internal Revenue Service is strictly a debt collection agency. As a debt collection agency they are required to follow Title 15.

 

      There is no way available for the IRS to verify the “Bill” they are attempting to collect even if they can verify the existence of taxes, whether it is applicable to you is another thing altogether.

 

The IRS will attempt using the existence of various IRS Forms, such as Form 1099, W-2, or W-4 as evidence a debt has been created or incurred. But such IRS Forms are only evidence that some person or some entity paid something. These IRS Forms are not evidence a Citizen incurred or owes a debt.

 

 

      It appears from all past episodes of Citizens attempting to defend themselves, the IRS maneuvered us into fighting a wrong battle and we have mostly lost before we started to fight.

 

      If we understand what the IRS is attempting to collect is a “Bill” then we must understand the correct approach is force the IRS to verify, under Title 15, that the debt is valid. Otherwise, in the eyes of the court, we are agreeing the “Bill” is valid.

 

Consider what apparently the IRS has been doing to set the stage for converting a “Bill” into a legal collection instrument.

 

(A)  They mail a “Bill” (in the form of a “notice”) to an American Citizen

 

(B)  If no legal defense is properly evidenced,

 

(C)  the IRS will apply, ex parte, to the federal court for a nihil dicit judgment,

 

(D)  the court will usually award such a judgment absent any opposing party

 

(E)  voila, the IRS has a valid judgment for a debt.

 

(F)  When a federal court awards a nihil dicit judgment, it is considered higher than a default judgment and does not provide for an appeal.

 

(G)  If a complaint (accusation) is not filed in civil court, there is no “charge” as the term is synonymous with the term “Bill” when used in civil court. So the IRS uses the federal court

 

(H)  The Internal Revenue Service is a private corporation, a debt collection service.

 

(I)  The Internal Revenue Service is not a government agency.

 

      Reference:  Diversified Metal v. T-Bow trust/IRS

 

(J)  Title 15 Chapter 4 subchapter V Section 1692 governs Debt Collection.

 

(K)..The Internal Revenue is a federal government agency

 

(L)..Title 26, Internal Revenue Code, is used by the federal government to determine the tax (how to figure the Bill) and it is not the “Bill” itself.

 

(M)  Title 26 has nothing to do with Debt collection.

 

(N)  When a Citizen demands the IRS verify (under Title 15) the tax assessment (Bill) it is a legal requirement forcing them to cease and desist harassing you until they supply verifiable proof you incurred the obligation and how it was incurred.

 

(O)  If the IRS can not provide the verifiable proof demanded, Title 15 prohibits them from continuing with their attempts to collect.

 

(P)  In the unlikely event you are forced into court, the proper avenue to use is argue the correct issue, the bill, not how they determined the bill.

 

(Q)  Keep in mind, Title 15 provides for you to compel the IRS into a state district court nearest you and it is very unlikely the IRS will make an appearance. It will be like letting the cat out of the bag, so to speak.

 

      Understanding what these facts are and learning how to work with them should provide a very strong and valid defense before appearing in court.

 

      Say, an American Citizen living and working within one of the fifty states of the Union and having no foreign earned income is charged under civil law, with “willful failure to file” a “Return” to report taxable income. It means the IRS is really “Billing” the American Citizen.

 

      The usual and most widely used defense is for the Citizen to resort to the Internal Revenue Code and most often with the federal Constitution.

 

      The fatal error is failing to demand a verified assessment of the debt as provided under certain sections of Title 15.

 

      This failure provides the ability for the IRS to apply, ex parte, (meaning without the other party) to the United States District Court for a nihil dicit judgment.

 

      This judgment deems, converts, the “Bill” to be a legal collectable instrument and provides for the IRS claim a fraudulent refusal to pay a legal debt.

 

      This process, if uncontested under Title 15, becomes a criminal act.

 

      Section 1692, of Title 15, Chapter 41, Subchapter V is presented for your viewing, reading and understanding what protection it provides for your benefit and your loved ones. Consider it your Patriotic Duty to learn it and learn it well and teach others and teach them well.

 

 

TITLE 15, CHAPTER 41, SUBCHAPTER V, § 1692

 

(a)  Abusive practices

 

There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

 

(b)  Inadequacy of laws

 

Existing laws and procedures for redressing these injuries are inadequate to protect consumers.

 

(c)  Available non-abusive collection methods

 

Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.

 

(d)  Interstate commerce

 

Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.

 

(e)  Purposes

 

It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

 

 

§ 1692a. Definitions

 

As used in this subchapter

 

(1)  The term “Commission” means the Federal Trade Commission.

 

(2)  The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.

 

(3)  The term “consumer” means any natural person obligated or allegedly obligated to pay any debt.

 

(4)  The term “creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

 

 

§ 1692. Congressional findings and declaration of purpose

 

(5)  The term “debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

 

(6)  The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f (6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include —

 

(A)  any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

 

(B)  any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

 

(C)  any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;

 

(D)  any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

 

(E)  any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors;  and

 

(F)  any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity

 

(i)  is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement;

 

(ii)  concerns a debt which was originated by such person;

 

(iii)  concerns a debt which was not in default at the time it was obtained by such person;  or

 

(iv)  concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

 

(7)  The term “location information” means a consumers place of abode and his telephone number at such place, or his place of employment.

 

(8)  The term “State” means (please note it says means here instead of includes) any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.

 

 

§ 1692b. Acquisition of location information

 

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall

 

(1)  identify himself (using a pseudonym is not identifying oneself), state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

 

(2)  not state that such consumer owes any debt (IRS forms violate this);

 

(3)  not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

 

(4)  not communicate by post card;

 

(5)  not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt (IRS forms violate this);  and

 

(6)  after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorneys name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.

 

 

§ 1692c. Communication in connection with debt collection

 

(a)  Communication with the consumer generally

 

Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt

 

(1)  at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 oclock antemeridian and before 9 oclock postmeridian, local time at the consumers location;

 

(2)  if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorneys name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer;  or

 

(3)  at the consumers place of employment if the debt collector knows or has reason to know that the consumers employer prohibits the consumer from receiving such communication.

 

(b)  Communication with third parties

 

Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

 

(c)  Ceasing communication

 

If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except —

 

(1)  to advise the consumer that the debt collectors further efforts are being terminated;

 

(2)  to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor;  or

 

(3)  where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

 

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

 

(d)  “Consumer” defined

 

For the purpose of this section, the term “consumer” includes the consumers spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

 

 

§ 1692d. Harassment or abuse

 

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

 

(1)  The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

 

(2)  The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

 

(3)  The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a (f) or 1681b (3) [1] of this title.

 

(4)  The advertisement for sale of any debt to coerce payment of the debt.

 

(5)  Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

 

(6)  Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the callers identity.

 

 

§ 1692e. False or misleading representations (the IRS violates everything in this section)

 

A debt collector may not use any false, deceptive, or misleading representation (IRS forms violate this in several ways) or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

 

(1)  The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. (too many violations to list for this one)

 

(2)  The false representation of —

 

(A)  the character, amount, or legal status of any debt;  or

 

(B)  any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

 

(3)  The false representation or implication that any individual is an attorney or that any communication is from an attorney.

 

(4)  The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

 

(5)  The threat to take any action that cannot legally be taken or that is not intended to be taken.

 

(6)  The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to —

 

(A)  lose any claim or defense to payment of the debt;  or

 

(B)  become subject to any practice prohibited by this subchapter.

 

(7)  The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

 

(8)  Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

 

(9)  The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

 

(10)  The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

 

(11)  The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

 

(12)  The false representation or implication that accounts have been turned over to innocent purchasers for value.

 

(13)  The false representation or implication that documents are legal process.

 

(14)  The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization.

 

(15)  The false representation or implication that documents are not legal process forms or do not require action by the consumer.

 

(16)  The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a (f) of this title.

 

 

§ 1692f. Unfair practices

 

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

 

(1)  The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

 

(2)  The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

 

(3)  The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

 

(4)  Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

 

(5)  Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

 

(6)  Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if —

 

(A)  there is no present right to possession of the property claimed as collateral through an enforceable security interest;

 

(B)  there is no present intention to take possession of the property;  or

 

(C)  the property is exempt by law from such dispossession or disablement.

 

(7)  Communicating with a consumer regarding a debt by post card.

 

(8)  Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

 

 

§ 1692g. Validation of debts

 

(a)  Notice of debt;  contents

 

Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing

 

(1)  the amount of the debt;

 

(2)  the name of the creditor to whom the debt is owed;

 

(3)  a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

 

(4)  a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector;  and

 

(5)  a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

 

(b)  Disputed debts

 

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

 

(c)  Admission of liability

 

The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

 

 

§ 1692h. Multiple debts

 

If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumers directions.

 

 

§ 1692i. Legal actions by debt collectors

 

(a)  Venue

 

Any debt collector who brings any legal action on a debt against any consumer shall

 

(1)  in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located;  or

 

(2)  in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity —

 

(A)  in which such consumer signed the contract sued upon;  or

 

(B)  in which such consumer resides at the commencement of the action.

 

(b)  Authorization of actions

 

Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.

 

 

§ 1692j. Furnishing certain deceptive forms (a) Venue

 

(a)  It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

 

(b)  Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.

 

 

§ 1692k. Civil liability

 

(a)  Amount of damages

 

Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of —

 

(1)  any actual damage sustained by such person as a result of such failure;

 

(2)

 

(A)  in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000;  or

 

(B)  in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector;  and

 

(3)  in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs.

 

(b)  Factors considered by court

 

In determining the amount of liability in any action under subsection (a) of this section, the court shall consider, among other relevant factors —

 

(1)  in any individual action under subsection (a)(2)(A) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional;  or

 

(2)  in any class action under subsection (a)(2)(B) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collectors noncompliance was intentional.

 

(c)  Intent

 

A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

 

(d)  Jurisdiction

 

An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.

 

(e)  Advisory opinions of Commission

 

No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

 

 

§ 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

 

(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.

 

 

§ 1692m. Reports to Congress by the Commission;  views of other Federal agencies

 

(a)  Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Commission shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Commission deems necessary or appropriate. In addition, each report of the Commission shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Commission under section 1692l of this title.

 

(b)  In the exercise of its functions under this subchapter, the Commission may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692l of this title.

 

 

§ 1692n. Relation to State laws

 

This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter.

 

§ 1692o. Exemption for State regulation

 

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.

 

(Emphasis added)