legal bibliography introduction and statutory resources

Legal Bibliography

Introduction and Statutory Resources

Legal Bibliography

Part I Two sessions last fall

Part IIA Four Lectures this week

Part IIB Two sessions in early February, one lecture next fall

Part III CALR Training

Types of Resources

Primary Resources Contain “The Law”

Secondary Resources Explain “The Law”

Types of Law

Statutory Law Case LawAdministrative Law

Types of Authority

Mandatory Law in Applicable Jurisdiction

Persuasive Law in a Different Jurisdiction

Publication of Statutes

Slip Laws Individual Pamphlet

PUBLIC LAW 101-580—NOV. 15, 1990 104 STAT. 2863 Public Law 101-580 101st Congress

An Act

To amend title 35, United States Code, with respect to the use of inventions in outer space.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. INVENTIONS IN OUTER SPACE

(a) IN GENERAL.—Chapter 10 of title 35, United States Code, is amended by adding at the end the following.

“§ 105. Inventions in outer space (a) Any invention made, used or sold in outer space on a space object or component

thereof under the jurisdiction or control of the United States for purposes of this title, except with respect to and otherwise provided for by an international agreement to which the United States is a party, or with respect to any space object or component thereof that is carried on the registry of a foreign state in accordance with the Convention on Registration of Objects Launched into Outer Space.

“(b) Any invention made, used or sold in outer space on a space object or component thereof that is carried on the registry of a foreign state in accordance with the Convention ib Registration of Objects Launched into Outer Space, shall be considered to be made, used or sold with the United States for the purposes of this title if specifically so agreed in an international agreement between the United States and the state of registry.”.

“(b) Table of Contents.—The table of sections of chapter 10 of title 35, United States Code, is amended by adding at the end the following: “105. Inventions in outer space.”.

SECTION 2. SPECIAL RULES.

(a) Effective Date.—Subject to subsections (b), (c), and (d) of this section, the

Nov. 15, 1990 [S.459]

35 USC 105 note..

Pub. L. 101-580



Session Laws Chronological Arrangement


An Act











Nov. 15, 1990 [S.459]

35 USC 105 note..

Citation:104 Stat. 2863



Session Laws Chronological Arrangement

Code Subject Arrangement


An Act











Nov. 15, 1990 [S.459]

35 USC 105 note..

35 U.S.C. §105

PATENTS 35 § 105

§ 105. Inventions in outer space

(a) Any invention made, used or sold in outer space on a space object or componentthereof under the jurisdiction or control of the United States for purposes of this title, exceptwith respect to and otherwise provided for by an international agreement to which theUnited States is a party, or with respect to any space object or component thereof that iscarried on the registry of a foreign state in accordance with the Convention on Registrationof Objects Launched into Outer Space.

“(b) Any invention made, used or sold in outer space on a space object or componentthereof that is carried on the registry of a foreign state in accordance with the Convention ibRegistration of Objects Launched into Outer Space, shall be considered to be made, used orsold with the United States for the purposes of this title if specifically so agreed in aninternational agreement between the United States and the state of registry.

(Added Pub.L. 101-580, § 1(a), Nov. 15, 1990, 104 Stat.2863)

HISTORICAL AND STATUTORY NOTES

Effective Date; Special RulesSection 2 of Pub.L. 101-580 provided that:“(a) Effective date.—Subject to subsections (b),

(c), and (d) of this section, the amendments made bythe first section of this Act [enacting this section]shall apply to all United States patents grantedbefore, on, or after the date of enactment of this Act[Nov. 15, 1990], and to all applications for UnitedStates patents pending on or filed on or after suchdate of enactment [Nov. 15, 1990].

“(b) Final decisions.—The amendments made bythe first section of the Act [enacting this section]shall not affect any final decision made by a court orthe Patent and Trademark Office before the date ofenactment of this Act [Nov. 15, 1990] with respect toa patent or an application for a patent, if no appealfrom such decision is pending and the time for filingan appeal has expired.

“(c) Pending cases.—The amendments made bythe first section of this Act [enacting this section]

Types of Codes

Official Government-authorized publication

Unofficial Commercial publication

Code Formats

Unannotated Codes Text of Law Statutory History

TITLE 15—COMMERCE AND TRADE § 1692e § 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) 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. (Pub. L. 90-321, Title VIII, §806, as added Pub. L. 95-109, Sept. 20, 1977, 91 Stat. 877.)

REFERENCES IN TEXT

Section 1681b(3) of this title, referred to in par. (3), was redesignated section 1681b(a)(3) of this title by Pub. L. 104-208, div. A, title II, §2403(a)(1), Sept. 30, 1996, 110 Stat. 3009-430. § 1692e. False or misleading representations

A debt collector may not use any false, deceptive, or misleading representation 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 a badge, uniform, or facsimile thereof.

(2) The false representation of— (A) the character, amount, or legal status of

Unannotated Code

Text of Law

TITLE 15—COMMERCE AND TRADE § 1692e § 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) of this title.


(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. (Pub. L. 90-321, Title VIII, §806, as added Pub. L. 95-109, Sept. 20, 1977, 91 Stat. 877.)

REFERENCES IN TEXT

Section 1681b(3) of this title, referred to in par. (3), was redesignated section 1681b(a)(3) of this title by Pub. L. 104-208, div. A, title II, §2403(a)(1), Sept. 30, 1996, 110 Stat. 3009-430. § 1692e. False or misleading representations

A debt collector may not use any false, deceptive, or misleading representation 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 a badge, uniform, or facsimile thereof.

(2) The false representation of— (A) the character, amount, or legal status of

Unannotated Code

Statutory History

Code Formats

Annotated Codes Text of Law Statutory History Research Assistance

Case Annotations Cites to Secondary Resources

Ch. 41 CONSUMER CREDIT 15 § 1692d

§ 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 thegeneral 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 physicalperson, reputation or property of any person.

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

(3) The publication of a list of consumers who allegedly refuse to pay debts, exceptto a consumer reporting agency or to persons meeting the requirements of section1681a(f) or 1681b(3) of this title.


(5) Causing a telephone to ring or engaging any person in telephone conversationrepeatedly or continuously with intent to annoy, abuse, or harass any person at the callednumber.

(6) Except as provided in section 1692b of this title, the placement of telephone callswithout meaningful disclosure of the caller’s identity.

(Pub.L. 90-321, Title VIII, §806, as added Pub.L. 95-109, Sept. 20, 1977, 91 Stat. 877)

Text of Law

Annotated Code











Annotated Code

Statutory History

Ch. 41 CONSUMER PROTECTION 15 § 1692d


(Pub.L. 90-321, Title VIII, §806, as added by Pub.L. 95-109, Sept. 20, 1977, 91 Stat. 877)

HISTORICAL AND STATUTORY NOTESRevision Notes and Legislative Reports

1968 Acts. House Report No. 1040 andConference Report No. 1397, see 1968 U.S.Code Cong. and Adm. News, p. 1962.

1977 Acts. Senate Report No. 95-382, see1977 U.S. Code Cong. and Adm. News, p. 1695.

LIBRARY REFERENCES

Administrative LawProhibited types of conduct by debt collector, see West’s Federal Practice Manual §3515.

American Digest SystemConsumer Protection 10.

EncyclopediasC.J.S. Trade-Marks, Trade-Names, and Unfair Competition § 237.

Law Review and Journal CommentariesConstitutionality of requiring telephone companies to protect their subscribers from

telemarketing calls. James A. Albert, 33 Santa Clara L.Rev. 51 (1993).

Annotations follow the text of the law

Annotated Code







LIBRARY REFERENCES






Legislative History Information

Annotated Code







LIBRARY REFERENCES






American Digest System--Index to Cases

Annotated Code







LIBRARY REFERENCES






Cites to Secondary Resources, e.g. Legal Encyclopedias and Law Review articles

Annotated Code

15 §1692d COMMERCE AND TRADE Ch. 41

Law Review and Journal CommentariesConstitutionality of requiring telephone companies to protect their subscribers from telemarketing calls. James A.

Albert, 33 Santa Clara L.Rev. 51 (1993).

NOTES OF DECISIONSBurden of Proof 8

Civil Action 2Harassment, generally 1Inconvenience and embarrassment 6Least sophisticated consumer standards 7Letters 3Nonabusive statements encouraging payment 5Summary Judgment 9Telephone Ringing or conversations 4

_________________1. Harassment, generally

Fair Debt Collection Practices Act, §1692d[Consumer Credit Protection Act, §806, as amended, 15U.S.C.A. §1692d], prohibiting debt collector fromengaging in any conduct designed to harass, oppress, orabuse debtor, prohibits debtor’s tender sensibilities onlyfrom oppressive and outrageous conduct; someinconvenience or embarrassment is natural consequenceof debt collection. Bieber v. Associated CollectionServices, Inc., D.Kan.1986, 631 F.Supp. 1410.

Fair Debt Collection Practices Act (FDCPA) did notapply to judgment creditor who was attempting todetermine extent of debtor’s assets where creditor’sprincipal business was not debt collection, and, thus,FDCPA could not form basis of conviction for

harassment. State v. Long, N.J.Super.L.1993, 630 A.2d430, 266 N.J.Super. 716.

Use of alias or “desk name” by individual debtcollector who otherwise accurately discloses name of heremployer and nature of its business and conceals nomore than her real name, does not constitute conductprohibited by Fair Debt Collection Practices Act,§806(6), as amended, 15 U.S.C.A. §1692d(6). Kleczy v.First Federal Credit Control, Inc., Ohio App.1984, 486N.E.2d 204, 21 Ohio App.3d 56, 21 O.B.R. 59.

2. Civil ActionAttorney’s claim that he would seek attorney’s fees

and costs if legal action were commenced was neitherfalse nor oppressive and complied with the Fair DebtCollection Practices Act; contract between consumerbuyer and seller provided for payment of attorney feesand costs in collection action. Dorsey v. Morgan,D.Md.1991, 760 F.Supp. 509.

Evidence failed to establish that debtors sufferedharassment and abuse because of improper discussionsby collector, of possibility, and foreseeable consequencesof civil action to collect. Bingham v.Collection Bureau,Inc., D.C.N.D. 1981, 505 F.Supp. 864.

Case Annotations--Synopses of Cases decided under this code section

Annotated Code

15 §1692d COMMERCE AND TRADE Ch. 41

Law Review and Journal CommentariesConstitutionality of requiring telephone companies to protect their subscribers from telemarketing calls. James A.

Albert, 33 Santa Clara L.Rev. 51 (1993).

NOTES OF DECISIONSBurden of Proof 8

Civil Action 2Harassment, generally 1Inconvenience and embarrassment 6Least sophisticated consumer standards 7Letters 3Nonabusive statements encouraging payment 5Summary Judgment 9Telephone Ringing or conversations 4

_________________1. Harassment, generally

Fair Debt Collection Practices Act, §1692d[Consumer Credit Protection Act, §806, as amended, 15U.S.C.A. §1692d], prohibiting debt collector fromengaging in any conduct designed to harass, oppress, orabuse debtor, prohibits debtor’s tender sensibilities onlyfrom oppressive and outrageous conduct; someinconvenience or embarrassment is natural consequenceof debt collection. Bieber v. Associated CollectionServices, Inc., D.Kan.1986, 631 F.Supp. 1410.

Fair Debt Collection Practices Act (FDCPA) did notapply to judgment creditor who was attempting todetermine extent of debtor’s assets where creditor’sprincipal business was not debt collection, and, thus,FDCPA could not form basis of conviction for

harassment. State v. Long, N.J.Super.L.1993, 630 A.2d430, 266 N.J.Super. 716.

Use of alias or “desk name” by individual debtcollector who otherwise accurately discloses name of heremployer and nature of its business and conceals nomore than her real name, does not constitute conductprohibited by Fair Debt Collection Practices Act,§806(6), as amended, 15 U.S.C.A. §1692d(6). Kleczy v.First Federal Credit Control, Inc., Ohio App.1984, 486N.E.2d 204, 21 Ohio App.3d 56, 21 O.B.R. 59.

2. Civil ActionAttorney’s claim that he would seek attorney’s fees

and costs if legal action were commenced was neitherfalse nor oppressive and complied with the Fair DebtCollection Practices Act; contract between consumerbuyer and seller provided for payment of attorney feesand costs in collection action. Dorsey v. Morgan,D.Md.1991, 760 F.Supp. 509.

Evidence failed to establish that debtors sufferedharassment and abuse because of improper discussionsby collector, of possibility, and foreseeable consequencesof civil action to collect. Bingham v.Collection Bureau,Inc., D.C.N.D. 1981, 505 F.Supp. 864.

Breakdown of topics in Notes of Decisions

Annotated Code

Federal Codes

United States CodeUnited States Code AnnotatedUnited States Code Service

United States Code

Official publicationUnannotated formatRepublished every 6 years with

annual supplementsSlow publication schedule

U.S. Annotated Codes

Commercial PublicationsAnnotated formatVolumes republished as neededFrequent updating schedule

through Pocket Parts and Advance Sheets

State Codes

All states have at least one annotated code. Many states also have an unannotated code. Check Bluebook: A Uniform System of

Legal Citation, pp. 170-225 to determine what resources are available for a particular state.

Finding Statutory Law

Does the Federal government have a law prohibiting debt collectors from harassing consumers?

Starting your Search

Determine Jurisdiction Federal

Determine Appropriate Resource United States Code Annotated or

United States Code ServiceDetermine Relevant Keywords for

use in Code’s General Index

CONSUMER

CONSUMERCREDIT PROTECTION--Cont’d

Debt collection practices--Cont’dliability of debt collector, 15 § 1692k

District of Columbia, “State” as meaning,15 § 1692a

Enforcement actions taken by FTC, sum-mary in report to Congress, 15 § 1692m

Exceptions, ceasing communication, 15 §1692c

Exclusions from term “debt collector”, 15 §1692a

Exemption for State Regulation, 15 § 1692oFalse, deceptive, or misleading

representations, debt collectors,prohibition, 15 § 1692e

Federal agency views, obtaining by FTC, 15§ 1692m

Federal Deposit Insurance Corporation,Board of Directors, enforcement,compliance with requirements by banksdepositing with, 15 § 1692l

Federal Reserve Board, enforcement,compliance with requirements bymember banks of Federal ReserveSystem, 15 § 1692l

Federal Trade Commission, powers, duties,etc., 15 § 1692a et seq.

Functions and powers of FTC under FederalTrade Commission Act, availability toenforce compliance, 15 § 1692l

Furnishing certain deceptive forms,liability, 15 § 1692j

CONSUMER CREDIT PROTECTION--Cont’d

Debt collection practices--Cont’dGood faith acts done, etc., in conformity

with advisory opinions of FTC, no civilliability on debt collector, 15 § 1692k

Harassment or abuse by debt collectors,prohibition, 15 § 1692d

Identification of debt collector, acqui- sitionof location information, 15 § 1692b

Instrumentality of interstate commerce,“debt collector” as meaning person using,15 § 1692a

Judgments, validation of debts, noticeconcerning, 15 § 1692g

Language or symbols on envelopes, etc.,prohibitions concerning, aqui-sition oflocation information, 15 § 1692b

Legal actions by debt collectors, 15 § 1692iLegal process, false representation

concerning documents as, conduct inviolation of false, etc., representationsprovisions, 15 § 1692e

Location Information,Acquisition of, 15§ 1692bDefined, 15 § 1692a

Mails, “debt collector” as meaning personusing, 15 § 1692a

Multiple debts, 15 § 1692hNondisclosures, conduct in violation of

false, representations provisions, 15 §1692e

Nonpayment of debt resulting in arrest

Under Consumer Credit Protection—

Debt CollectionPractices

CONSUMER

CONSUMERCREDIT PROTECTION--Cont’d

Debt collection practices--Cont’dliability of debt collector, 15 § 1692k

District of Columbia, “State” as meaning,15 § 1692a

Enforcement actions taken by FTC, sum-mary in report to Congress, 15 § 1692m

Exceptions, ceasing communication, 15 §1692c

Exclusions from term “debt collector”, 15 §1692a

Exemption for State Regulation, 15 § 1692oFalse, deceptive, or misleading

representations, debt collectors,prohibition, 15 § 1692e

Federal agency views, obtaining by FTC, 15§ 1692m

Federal Deposit Insurance Corporation,Board of Directors, enforcement,compliance with requirements by banksdepositing with, 15 § 1692l

Federal Reserve Board, enforcement,compliance with requirements bymember banks of Federal ReserveSystem, 15 § 1692l

Federal Trade Commission, powers, duties,etc., 15 § 1692a et seq.

Functions and powers of FTC under FederalTrade Commission Act, availability toenforce compliance, 15 § 1692l

Furnishing certain deceptive forms,liability, 15 § 1692j

CONSUMER CREDIT PROTECTION--Cont’d

Debt collection practices--Cont’dGood faith acts done, etc., in conformity

with advisory opinions of FTC, no civilliability on debt collector, 15 § 1692k

Harassment or abuse by debt collectors,prohibition, 15 § 1692d

Identification of debt collector, acqui- sitionof location information, 15 § 1692b

Instrumentality of interstate commerce,“debt collector” as meaning person using,15 § 1692a

Judgments, validation of debts, noticeconcerning, 15 § 1692g

Language or symbols on envelopes, etc.,prohibitions concerning, aqui-sition oflocation information, 15 § 1692b

Legal actions by debt collectors, 15 § 1692iLegal process, false representation

concerning documents as, conduct inviolation of false, etc., representationsprovisions, 15 § 1692e

Location Information,Acquisition of, 15§ 1692bDefined, 15 § 1692a

Mails, “debt collector” as meaning personusing, 15 § 1692a

Multiple debts, 15 § 1692hNondisclosures, conduct in violation of

false, representations provisions, 15 §1692e

Nonpayment of debt resulting in arrest

Harassment or abuse by debt collectors, prohibitions 15 § 1692d

Updating Statutory Research

Main Volume

COPYRIGHT © 1998 By

WEST GROUP

UNITED STATES CODE ANNOTATED, U.S.C.A. AND USCA are registered trademarks of West Publishing Co. registered in U.S. Patent and Trademark Office

UNITED STATES

CODE ANNOTATED

Title 15

Commerce and Trade

§§ 1671 to 2400

Comprising All Laws of a General

and Permanent Nature Under Arrangement of the Official Code of

the Laws of the United States with

Annotations from Federal and State Courts

Title Page

Publishedin 1998











Text of Lawas of 1998


Main Volume Pocket Parts or Free-standing

Supplements

UNITED STATES CODE ANNOTATED

Title 15

Commerce and Trade §§ 1671 to 2400

2004

Cumulative Annual Pocket Part Includes the Laws of the

108th CONGRESS, First Session (2003)

For close of Notes of Decisions See page III

For Later Laws and Cases

Consult USCA

Interim Pamphlet Service

Covers from1998 to

January 2004

COMMERCE AND TRADE 15 §1692d Note 1

§1692d. Harassment or abuse


References in Text Section 1681b(3) of this title, referred to in par. (3),

was redesignated section 1681b(a)(3) of this title by Pub. L. 104-208, Div. A, Title II, § 2403(a)(1), Sept. 30, 1996, 110 Stat. 3009-430.

AMERICAN LAW REPORTS

Validity, construction, and application of state statutes prohibiting abusive or coercive debt collection practices, 87 ALR3d 786

LIBRARY REFERENCES

Encyclopedias C.J.S. Trade-Marks, Trade Names, and Unfair

Competition, §237 17 Am. Jur. 2d, Consumer and Borrower Protection,

§§ 194, 205, 206 Actionable Practices in Debt Collection, 18 Am Jur

Proof of Facts, p. 59 Action for Harassment of Debtor, 16 Am Jur Trials, p.

619

Texts and Treatises Business and Commercial Litigation in Federal

Courts §§ 41.3, 61.4, 61.7 (Robert L.Haig ed.) (West Group & ABA 1998)

7 Fed Proc L Ed, Consumer Credit Protection, §§ 15:67, 68, 74

Fonseca, Handling Consumer Credit Cases

NOTES OF DECISIONS

4. Telephone ringing or conversations Debt collector’s use of profane language in leaving

telephone message for consumer with her coworker violated section of Fair Debt Collection Practices Act (FDCPA) prohibiting debt collector from engaging in any conduct the natural consequence of which is to

harass, oppress, or abuse any person in connection with collection of debt; debt collector had called and talked to consumer about debt at her place of employment, he called consumer back 15 minutes later and left a profane message with coworker to tell consumer to “quit being a

Pocket parts contain new amendments and annotations from last publication of the main volume until publication date of pocket part.

COMMERCE AND TRADE 15 §1692d Note 1

§1692d. Harassment or abuse


References in Text Section 1681b(3) of this title, referred to in par. (3),

was redesignated section 1681b(a)(3) of this title by Pub. L. 104-208, Div. A, Title II, § 2403(a)(1), Sept. 30, 1996, 110 Stat. 3009-430.

AMERICAN LAW REPORTS

Validity, construction, and application of state statutes prohibiting abusive or coercive debt collection practices, 87 ALR3d 786

LIBRARY REFERENCES

Encyclopedias C.J.S. Trade-Marks, Trade Names, and Unfair

Competition, §237 17 Am. Jur. 2d, Consumer and Borrower Protection,

§§ 194, 205, 206 Actionable Practices in Debt Collection, 18 Am Jur

Proof of Facts, p. 59 Action for Harassment of Debtor, 16 Am Jur Trials, p.

619

Texts and Treatises Business and Commercial Litigation in Federal

Courts §§ 41.3, 61.4, 61.7 (Robert L.Haig ed.) (West Group & ABA 1998)

7 Fed Proc L Ed, Consumer Credit Protection, §§ 15:67, 68, 74

Fonseca, Handling Consumer Credit Cases

NOTES OF DECISIONS

4. Telephone ringing or conversations Debt collector’s use of profane language in leaving

telephone message for consumer with her coworker violated section of Fair Debt Collection Practices Act (FDCPA) prohibiting debt collector from engaging in any conduct the natural consequence of which is to

harass, oppress, or abuse any person in connection with collection of debt; debt collector had called and talked to consumer about debt at her place of employment, he called consumer back 15 minutes later and left a profane message with coworker to tell consumer to “quit being a

New Amendments, if any, would be published after the heading, followed by new annotations.


Main Volume Pocket Parts or Free-standing

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UNITED STATES CODE ANNOTATED

October 2004 Pamphlet Number 1

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LAWS Public Laws 108-229 to 108-279 Arranged in USCA classification

15 § 1692 UNITED STATES CODE ANNOTATED

SUBCHAPTER V--DEBT COLLECTION PRACTICES

§ 1692c. Communication in connection with debt collection

NOTES OF DECISIONS 5. –Specific communications

Creditor’s law firm did not violate the Fair Debt Collection Practices Act (FDCPA) by proposing that creditor and former debtors execute post-discharge redemption agreements; parties did not need bankruptcy court approval to enter redemption agreements, nor

were their actions a violation of the bankruptcy discharge order, and so firm made no false representations about the property in violation of the FDCPA. Arruda v. Sears, Roebuck & Co., D.R.I.2004, 273 B.R. 332.


NOTES OF DECISIONS 5. Nonabusive statements encouraging payment

Standard language found in summonses, used by attorneys in effort to collect debt from consumer, was not obscene, profane or offensive, for purpose of Fair Debt Collection Practices Act (FDCPA); language and tone of summonses was reasonable and civil, and

consumers failed to show that natural consequence of any of the contested language in summonses was to harass, oppress, or abuse any person. Frye v. Bowman, Heintz, Boscia, Vician, P.C., S.D.Ind.2004, 193 F.Supp.2d 1070.

§ 1692e. False or misleading representations

NOTES OF DECISIONS 15. –Identification of creditor or collector

Attorney who sent out “offer to settle” letters to consumers on behalf of debt collection agency violated Fair Debt Collection Practices Act (FDCPA) provision prohibiting false representations or implication that communication was from attorney, even though attorney was only person in firm authorized to vary

content of letters or to make decision regarding to whom letters were sent, and attorney usually reviewed small percentage of letters for typographical or computational errors, where attorney did not personally know debtors, review their letters, or review their files before sending them debt collection letters, and letters bearing facsimile-stamp of attorney’s signature were

Advance Code Servicescontain new amendments

and new annotations since publication of the

pocket part.

15 § 1692 UNITED STATES CODE ANNOTATED

SUBCHAPTER V--DEBT COLLECTION PRACTICES

§ 1692c. Communication in connection with debt collection

NOTES OF DECISIONS 5. –Specific communications

Creditor’s law firm did not violate the Fair Debt Collection Practices Act (FDCPA) by proposing that creditor and former debtors execute post-discharge redemption agreements; parties did not need bankruptcy court approval to enter redemption agreements, nor

were their actions a violation of the bankruptcy discharge order, and so firm made no false representations about the property in violation of the FDCPA. Arruda v. Sears, Roebuck & Co., D.R.I.2004, 273 B.R. 332.


NOTES OF DECISIONS 5. Nonabusive statements encouraging payment

Standard language found in summonses, used by attorneys in effort to collect debt from consumer, was not obscene, profane or offensive, for purpose of Fair Debt Collection Practices Act (FDCPA); language and tone of summonses was reasonable and civil, and

consumers failed to show that natural consequence of any of the contested language in summonses was to harass, oppress, or abuse any person. Frye v. Bowman, Heintz, Boscia, Vician, P.C., S.D.Ind.2004, 193 F.Supp.2d 1070.


NOTES OF DECISIONS 15. –Identification of creditor or collector

Attorney who sent out “offer to settle” letters to consumers on behalf of debt collection agency violated Fair Debt Collection Practices Act (FDCPA) provision prohibiting false representations or implication that communication was from attorney, even though attorney was only person in firm authorized to vary

content of letters or to make decision regarding to whom letters were sent, and attorney usually reviewed small percentage of letters for typographical or computational errors, where attorney did not personally know debtors, review their letters, or review their files before sending them debt collection letters, and letters bearing facsimile-stamp of attorney’s signature were

1692d—No amendment but one new case

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108TH CONGRESS SECOND SESSION (108-199—108-302)

Section Effect Public Law No.

TITLE 15 (cont'd) 632 108-271 Sec. 8(b) 636 nt. New 108-271 Sec. 4-8 637c 108-271 Sec. 8(b) 638 108-271 Sec. 8(b) 644 nt. 108-271 Sec. 8(b) 655 108-271 Sec. 8(b) 657c nt. 108-271 Sec. 8(b) 661 nt. New 108-232 Sec. 1 697 Amd. 108-199 Div. B, Sec. 631 Amd. 108-205 Sec. 2 Amd. 108-217 Sec. 2 697e Amd. 108-232 Sec. 2-3(c) 796 108-271 Sec. 8(b) 1540 nt. New 108-199 Div. B, Title II 1841 nt. Amd. 108-199 Div. B, Sec. 21(a) 108-271 Sec. 8(b) 1846 108-271 Sec. 8(b) 2624 108-271 Sec. 8(b)

TITLE 16

268a New 108-199 Div. H, Sec. 150 410jjj Amd. 108-199 Div. H, Sec. 139(a) 431 nt. Amd. 108-204 Sec. 101 450ss nt. New 108-199 Div. F, Sec. 544(a)

No Changes to 15 U.S.C. 1692d

UNITED STATES

CODE SERVICE Lawyer’s Edition

October 2005

CUMULATIVE LATER CASE SERVICE Constitution TITLES 1-15

Legislative Services only update the text of the law. Newer

annotations are published in Interim

Annotation, or Later Case Services

CONSUMER CREDIT PROTECTION 15 USCS §1692e § 1692d. Harassment or abuse

INTERPRETIVE NOTES AND DECISIONS

2. Harassment or abuse, generally 3. –Offensive language

Debtor is granted favorable judgment in unfair collection action against debt collector, where collector’s employee, via telephone, told debtor’s co-worker to relay a profane message to debtor, where his

obvious intent, and reasonable assumption was that co-worker would relay profane message to debtor, which he did, because collector’s action had natural consequence of harassing, oppressing, or abusing debtor, in violation of 15 USCS §1692d(2). Horkey v J.V.D.B. & Assocs. (2004, ND Ill) 179 F Supp 2d 861.


INTERPRETIVE NOTES AND DECISIONS

1. Generally 15 USCS § 1692e does not require that the

misrepresentations be knowing or intentional. Frye v Bowman (2004, SD Ind) 193 F Supp 2d 1070.

3. False representation of debt status or services rendered

Debtor’s 15 USCS § 1692e claim against collection agency must fail, even though statute of limitations had run on debt when letter was sent welcoming debtor as new customer and offering “opportunity to build credit foundation,” where letter silent on time-bar issue in and of itself is consistent with seeking nothing more than voluntary payment, because no violation occurs absent proof that agency engaged in course of conduct that tricks debtor into waiving legal right to assert

limitations defense. Wallace v Capital One Bank (2004, DC Md) 168 F Supp 2d 526. 4. Representation as attorney

Lawyer who merely rents his letterhead to collection agency violates FDCPA, since, in such case, lawyer is allowing collection agency to impersonate him. Boyd v Wexler (2004, CA7 Ill) 275 F3d 642.

Lawyer who is debt collector violates 15 USCS § 1692e(3) and (10) if he sends dunning letter that he has not reviewed, since his lawyer’s letterhead then falsely implies that he has reviewed creditor’s claim. Boyd v Wexler (2004, CA7 Ill) 275 F3d 642.

7. False or deceptive means to collect debt

Lawyer who is debt collector violates 15 USCS §

Sec. 1692d—new case, nonew secondary resources

Review of Statutory Research

General Index Main Volume Pocket Part or Free-Standing Supplement Advance Sheets

Advance Code Service Legislative Service and Interim Annotation

Service

Library Exercise

Groups of two or three people Locate state annotated code Use General Index to find a code section

applicable to issues in first question Once you have a relevant code section,

focus on the resource questions rather than the substantive questions.

legal bibliography introduction and statutory resources

Documents

d slide

advance code service

new case slide

different jurisdiction

calr training slide

codes general index

later case services

laws individual pamphlet