[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR901.4]

[Page 641]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 901_PROCEDURES FOR STATE APPLICATION FOR EXEMPTION FROM THE 
PROVISIONS OF THE ACT--Table of Contents
 
Sec. 901.4  Criteria for determination.

    The Commission will consider the criteria set forth below, and any 
other relevant information, in determining whether the law of a State is 
substantially similar to, or provides greater protection to consumers 
than, the provisions of sections 803 through 812 of the Act regarding 
the class of debt collection practices within that State, and whether 
there is adequate provision for State enforcement of such law. In making 
that determination, the Commission primarily will consider each 
provision of the State law in comparison with each corresponding 
provision in sections 803 through 812 of the Act, and not the State law 
as a whole in comparison with the Act as a whole.
    (a) In order for provisions of State law to be substantially similar 
to, or provide greater protection to consumers than the provisions of 
sections 803 through 812 of the Act, the provisions of State law \3\ at 
least shall provide that:
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    \3\ This subsection is not be construed as indicating that the 
Commission would consider adversely any additional requirements of State 
law that are not inconsistent with the purpose of the Act or the 
requirements imposed under sections 803 through 812 of the Act.
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    (1) Definitions and rules of construction, as applicable, import the 
same meaning and have the same application as those prescribed by 
sections 803 through 812 of the Act.
    (2) Debt collectors provide all of the applicable notifications 
required by the provisions of sections 803 through 812 of the Act, with 
the content and in the terminology, form, and time periods prescribed by 
this part pursuant to sections 803 through 812; however, required 
references to State law may be substituted for the references to Federal 
law required in this part. Notification requirements under State law in 
additional circumstances or with additional detail that do not frustrate 
any of the purposes of the Act may be determined by the Commission to be 
consistent with sections 803 through 812 of the Act;
    (3) Debt Collectors take all affirmative actions and abide by 
obligations substantially similar to, or more extensive than, those 
prescribed by sections 803 through 812 of the Act under substantially 
similar or more stringent conditions and within the same or more 
stringent time periods as are prescribed in sections 803 through 812 of 
the Act;
    (4) Debt Collectors abide by the same or more stringent prohibitions 
as are prescribed by sections 803 through 812 of the act;
    (5) Obligations or responsibilities imposed on consumers are no more 
costly, lengthy, or burdensome relative to consumers exercising any of 
the rights or gaining the benefits of the protections provided in the 
State law than corresponding obligations or responsibilities imposed on 
consumers in sections 803 through 812 of the act.
    (6) Consumers' rights and protections are substantially similar to, 
or more favorable than, those provided by sections 803 through 812 of 
the Act under conditions or within time periods that are substantially 
similar to, or more favorable to consumers than, those prescribed by 
sections 803 through 812 of the Act.
    (b) In determining whether provisions for enforcement of the State 
law referred to in Sec. 901.3(a) are adequate, consideration will be 
given to the extent to which, under State law, provision is made for 
administrative enforcement, including necessary facilities, personnel, 
and funding.

[44 FR 21005, Apr. 9, 1979, as amended at 64 FR 34533, June 28, 1999]

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