[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: 16CFR901.6]

[Page 642]
 
                     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. 901.6  Exemption from requirements.

    If the Commission determines on the basis of the information before 
it that, under the law of a State, a class of debt collection practices 
is subject to requirements substantially similar to, or that provide 
greater protection to consumers than, those imposed under sections 803 
through section 812 and 814 of the Act, and that there is adequate 
provision for State enforcement, the Commission will exempt the class of 
debt collection practices in that State from the requirements of 
sections 803 through 812 and section 814 of the Act in the following 
manner and subject to the following conditions:
    (a) Notice of the exemption shall be published in the Federal 
Register, and the Commission shall furnish a copy of such notice to the 
State official who made application for such exemption, to each Federal 
authority responsible for administrative enforcement of the requirements 
of sections 803 through 812 of the Act, and to the Attorney General of 
the United States. Any exemption granted shall be effective 90 days 
after the date of publication of such notice in the Federal Register.
    (b) The appropriate official of any State that receives an exemption 
shall inform the Commission in writing within 30 days of any change in 
the State laws referred to in Sec. 901.3 (a) and (c). The report of any 
such change shall contain copies of the full text of that change, 
together with statements setting forth the information and opinions 
regarding that change that are specified in Sec. 901.3 (b) and (d). The 
appropriate official of any State that has received such an exemption 
also shall file with the Commission from time to time such reports as 
the Commission may require.
    (c) The Commission shall inform the appropriate official of any 
State that receives such an exemption of any subsequent amendments of 
the Act (including the Commission's formal advisory opinions, and 
informal staff interpretations issued by an authorized official or 
employee of the Federal Trade Commission) that might necessitate the 
amendment of State law for the exemption to continue.
    (d) No exemption shall extend to the civil liability provisions of 
section 813 of the Act. After an exemption is granted, the requirements 
of the applicable State law shall constitute the requirements of 
sections 803 through 812 of the Act, except to the extent such State law 
imposes requirements not imposed by the Act or this part.