Re: NM FDCPA
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Posted by LadynRed
(199.91.33.254) on August 21, 2003 at 17:49:33:
In Reply to: NM FDCPA posted by patti on August 21, 2003 at 17:39:48:
You may not be wrong. In those cases where the individual state has no specific statutes, the FEDERAL statutes prevail and are adhered to by the state. Its that part of the FDCPA that says: "§ 816. Relation to State laws [15 USC 1692n] This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title 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 title, and then only to the extent of the inconsistency. ****For purposes of this section, a State law is not inconsistent with this title if the protection such law affords any consumer is greater than the protection provided by this title" In other words, if the State laws are non-existent or weaker than the Federal protections, the Fed prevails.
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