Page:United States Statutes at Large Volume 120.djvu/2035

 120 STAT. 2004

PUBLIC LAW 109–351—OCT. 13, 2006 ‘‘(4) SAFE HARBOR.—Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section.’’.

TITLE VIII—FAIR DEBT COLLECTION PRACTICES ACT AMENDMENTS SEC. 801. EXCEPTION FOR CERTAIN BAD CHECK ENFORCEMENT PROGRAMS.

(a) IN GENERAL.—The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is amended— (1) by redesignating section 818 as section 819; and (2) by inserting after section 817 the following:

15 USC 1692 note. 15 USC 1692p.

Contracts.

VerDate 14-DEC-2004

13:05 Jul 12, 2007

‘‘§ 818. Exception for certain bad check enforcement programs operated by private entities ‘‘(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 803(6), 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)— ‘‘(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

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