source:
  type: regulation
  id: fdcpa-15usc-1692p
  authority: FDCPA (Fair Debt Collection Practices Act, 15 U.S.C.) § 1692p — Exception for certain bad check enforcement
    programs operated by private entities
  description: 'FDCPA (Fair Debt Collection Practices Act, 15 U.S.C.), §1692p Exception for certain bad check enforcement
    programs operated by private entities. Captured section-complete from Cornell LII (verbatim).

    '
obligations:
- id: fdcpa-15usc-1692p-a
  canonical_id: fdcpa-15usc-1692p-a
  section: 15 U.S.C. §1692p(a)
  description: 'Exception for certain bad check enforcement programs operated by private entities — (a): (a) In
    general (1) Treatment of certain private entities Subject to paragraph (2), a private entity shall be excluded
    from the definition of a debt collector, pursuant to the exception provided in section 1692a(6) of this title
    , with respect to the operation by the entity of a program described in …'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: FDCPA (Fair Debt Collection Practices Act, 15 U.S.C.) § 1692p
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1692p
    snapshot_id: 60d8108637a93f0a
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:2e5718547af8dcad77282cb47da241fe5f157808f4c074adf0cd3652fd9733c8
    paragraph_quote: (a) In general (1) Treatment of certain private entities Subject to paragraph (2), a private
      entity shall be excluded from the definition of a debt collector, pursuant to the exception provided in section
      1692a(6) of this title , with respect to the operation by the entity of a program described in paragraph (2)(A)
      under a contract described in paragraph (2)(B). (2) Conditions of applicability Paragraph (1) shall apply
      if— (A) a State or district attorney establishes, within the jurisdiction of such State or district attorney
      and with respect to alleged bad check violations that do not involve a check described in subsection (b),
      a pretrial diversion program for alleged bad check offenders who agree to participate voluntarily in such
      program to avoid criminal prosecution; (B) a private entity, that is subject to an administrative support
      services contract with a State or district attorney and operates under the direction, supervision, and control
      of such State or district attorney , operates the pretrial diversion program described in subparagraph (A);
      and (C) in the course of performing duties delegated to it by a State or district attorney under the contract,
      the private entity referred to in subparagraph (B)—
    drafter_attestation: Verbatim slice of 15 U.S.C. §1692p subsection (a) from Cornell LII snapshot 60d8108637a93f0a;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: fdcpa-15usc-1692p-i
  canonical_id: fdcpa-15usc-1692p-i
  section: 15 U.S.C. §1692p(i)
  description: 'Exception for certain bad check enforcement programs operated by private entities — (i): (i) complies
    with the penal laws of the State ; (ii) conforms with the terms of the contract and directives of the State
    or district attorney ; (iii) does not exercise independent prosecutorial discretion; (iv) contacts any alleged
    offender referred to in subparagraph (A) for purposes of participati…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: FDCPA (Fair Debt Collection Practices Act, 15 U.S.C.) § 1692p
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1692p
    snapshot_id: 60d8108637a93f0a
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:2e5718547af8dcad77282cb47da241fe5f157808f4c074adf0cd3652fd9733c8
    paragraph_quote: (i) complies with the penal laws of the State ; (ii) conforms with the terms of the contract
      and directives of the State or district attorney ; (iii) does not exercise independent prosecutorial discretion;
      (iv) contacts any alleged offender referred to in subparagraph (A) for purposes of participating in a program
      referred to in such paragraph— (I) only as a result of any determination by the State or district attorney
      that probable cause of a bad check violation under State penal law exists, and that contact with the alleged
      offender for purposes of participation in the program is appropriate; and (II) the alleged offender has failed
      to pay the bad check after demand for payment, pursuant to State law, is made for payment of the check amount;
    drafter_attestation: Verbatim slice of 15 U.S.C. §1692p subsection (i) from Cornell LII snapshot 60d8108637a93f0a;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: fdcpa-15usc-1692p-v
  canonical_id: fdcpa-15usc-1692p-v
  section: 15 U.S.C. §1692p(v)
  description: 'Exception for certain bad check enforcement programs operated by private entities — (v): (v) includes
    as part of an initial written communication with an alleged offender a clear and conspicuous statement that—
    (I) the alleged offender may dispute the validity of any alleged bad check violation ; (II) where the alleged
    offender knows, or has reasonable cause to believe, that the alleged…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: FDCPA (Fair Debt Collection Practices Act, 15 U.S.C.) § 1692p
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1692p
    snapshot_id: 60d8108637a93f0a
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:2e5718547af8dcad77282cb47da241fe5f157808f4c074adf0cd3652fd9733c8
    paragraph_quote: (v) includes as part of an initial written communication with an alleged offender a clear and
      conspicuous statement that— (I) the alleged offender may dispute the validity of any alleged bad check violation
      ; (II) where the alleged offender knows, or has reasonable cause to believe, that the alleged bad check violation
      is the result of theft or forgery of the check, identity theft, or other fraud that is not the result of the
      conduct of the alleged offender, the alleged offender may file a crime report with the appropriate law enforcement
      agency; and (III) if the alleged offender notifies the private entity or the district attorney in writing,
      not later than 30 days after being contacted for the first time pursuant to clause (iv), that there is a dispute
      pursuant to this subsection, before further restitution efforts are pursued, the district attorney or an employee
      of the district attorney authorized to make such a determination makes a determination that there is probable
      cause to believe that a crime has been committed; and (vi) charges only fees in connection with services under
      the contract that have been authorized by the contract with the State or district attorney .
    drafter_attestation: Verbatim slice of 15 U.S.C. §1692p subsection (v) from Cornell LII snapshot 60d8108637a93f0a;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: fdcpa-15usc-1692p-b
  canonical_id: fdcpa-15usc-1692p-b
  section: 15 U.S.C. §1692p(b)
  description: 'Exception for certain bad check enforcement programs operated by private entities — (b): (b) Certain
    checks excluded A check is described in this subsection if the check involves, or is subsequently found to involve—
    (1) a postdated check presented in connection with a payday loan, or other similar transaction, where the payee
    of the check knew that the issuer had insufficient funds at …'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: FDCPA (Fair Debt Collection Practices Act, 15 U.S.C.) § 1692p
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1692p
    snapshot_id: 60d8108637a93f0a
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:2e5718547af8dcad77282cb47da241fe5f157808f4c074adf0cd3652fd9733c8
    paragraph_quote: (b) Certain checks excluded A check is described in this subsection if the check involves,
      or is subsequently found to involve— (1) a postdated check presented in connection with a payday loan, or
      other similar transaction, where the payee of the check knew that the issuer had insufficient funds at the
      time the check was made, drawn, or delivered; (2) a stop payment order where the issuer acted in good faith
      and with reasonable cause in stopping payment on the check ; (3) a check dishonored because of an adjustment
      to the issuer’s account by the financial institution holding such account without providing notice to the
      person at the time the check was made, drawn, or delivered; (4) a check for partial payment of a debt where
      the payee had previously accepted partial payment for such debt; (5) a check issued by a person who was not
      competent, or was not of legal age, to enter into a legal contractual obligation at the time the check was
      made, drawn, or delivered; or (6) a check issued to pay an obligation arising from a transaction that was
      illegal in the jurisdiction of the State or district attorney at the time the check was made, drawn, or delivered.
    drafter_attestation: Verbatim slice of 15 U.S.C. §1692p subsection (b) from Cornell LII snapshot 60d8108637a93f0a;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
- id: fdcpa-15usc-1692p-c
  canonical_id: fdcpa-15usc-1692p-c
  section: 15 U.S.C. §1692p(c)
  description: 'Exception for certain bad check enforcement programs operated by private entities — (c): (c) Definitions
    For purposes of this section, the following definitions shall apply: (1) State or district attorney The term
    “ State or district attorney ” means the chief elected or appointed prosecuting attorney in a district, county
    (as defined in section 2 of title 1 ), municipality, or comparab…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: FDCPA (Fair Debt Collection Practices Act, 15 U.S.C.) § 1692p
    source_class: usc-statute-lii
    source_url: https://www.law.cornell.edu/uscode/text/15/1692p
    snapshot_id: 60d8108637a93f0a
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:2e5718547af8dcad77282cb47da241fe5f157808f4c074adf0cd3652fd9733c8
    paragraph_quote: '(c) Definitions For purposes of this section, the following definitions shall apply: (1) State
      or district attorney The term “ State or district attorney ” means the chief elected or appointed prosecuting
      attorney in a district, county (as defined in section 2 of title 1 ), municipality, or comparable jurisdiction,
      including State attorneys general who act as chief elected or appointed prosecuting attorneys in a district,
      county (as so defined), municipality or comparable jurisdiction, who may be referred to by a variety of titles
      such as district attorneys, prosecuting attorneys, commonwealth’s attorneys, solicitors, county attorneys,
      and state’ s attorneys, and who are responsible for the prosecution of State crimes and violations of jurisdiction-specific
      local ordinances. (2) Check The term “ check ” has the same meaning as in section 5002(6) of title 12 . (3)
      Bad check violation The term “ bad check violation ” means a violation of the applicable State criminal law
      relating to the writing of dishonored checks. ( Pub. L. 90–321, title VIII, § 818 , as added Pub. L. 109–351,
      title VIII, § 801(a)(2) , Oct. 13, 2006 , 120 Stat. 2004 .) CFR Title Parts 14 374'
    drafter_attestation: Verbatim slice of 15 U.S.C. §1692p subsection (c) from Cornell LII snapshot 60d8108637a93f0a;
      body isolated between nav and Editorial/Statutory Notes; substring-verified.
  judgment: false
