FDCPA's Relation to State Laws

31 Mar FDCPA's Relation to State Laws

The Fair Debt Collection Practices Act, Section 1692n, deals with the issue of conflicting Federal and State debt collection laws.  It provides that the FDCPA does not exempt any person subject to the FDCPA from complying with State debt collection practice laws.  There is one exception – if the FDCPA and the corresponding State law are in conflict.  In that event, the FDCPA does not override the State debt collection law so long as the State law provides any consumer with protection that is greater than the protection provided by the FDCPA.

This provision can become very important in evaluating an FDCPA case, depending on the laws of the State in which you reside.  For example, the Pennsylvania Fair Credit Extension Uniformity Act mirrors the FDCPA except that it also applies to original creditors as well as debt collectors.  The Pennsylvania law differs from the FDCPA in two important aspects–it applies to original creditors and the damages & attorney’s fees provisions are permissive, not mandatory. 

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