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
consumer’s 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 attorney’s 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 o’clock antemeridian and before 9 o’clock postmeridian, local time at the consumer’s 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 attorney’s 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 consumer’s place of employment if the debt collector knows or has reason to know
that the consumer’s 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 collector’s 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 consumer’s 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 caller’s 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 collector’s 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 collector’s 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 collector’s 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 consumer’s 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 consumer’s 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 consumer’s
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 attorney’s 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 attorney’s 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 collector’s 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)