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Inactive Financial Institution Letters

Fair Debt Collection Practices Act

April 8, 1997


SUBJECT: Amendment to the Fair Debt Collection Practices Act

The Economic Growth and Regulatory Paperwork Reduction Act of 1996 amended the Fair Debt Collection Practices Act. The amendment became effective on December 30, 1996, and applies to all communications with consumers relating to debt collection after September 30, 1996.

The amendment to Section 807(11) of the Fair Debt Collection Practices Act (15 U.S.C. .1692e(11)) follows:

“(ll) 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.”

For further information, please contact Louise Kotoshirodo, Review Examiner in the FDIC’s Division of Compliance and Consumer Affairs, on (202) 942-3599.

Carmen J. Sullivan

Distribution: FDIC-Supervised Banks (Commercial and Savings)

Note: Paper copies of FDIC financial institution letters may be obtained through the FDIC’s Public Information Center, 801 17th Street, N.W., Room 100, Washington, D.C. 20434 (8-276- 6003 or (703) 562-2200).

Last Updated 07/16/1999

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