Page:United States Statutes at Large Volume 85.djvu/708

 678

15 vscieoi

77 Stat. 554.

PUBLIC LAW 92-200-DEC. 17, 1971

[85STAT.

"(5) any communication with a consumer whenever it appears that the consumer has notified the creditor that he is represented by an attorney and the attorney's name and address are known. " (h) No debt collector shall use, or distribute, sell, or prepare for use, any written communication that violates or fails to conform to United States postal laws and regulations. " (i) No debt collector shall take or accept for assignment any of the following: "(1) an assignment of any claim for attorney's fees which have not been lawfully provided for in the writing evidencing the obligation; or "(2) an assignment for collection of any claim upon which suit has been filed or judgment obtained, without the debt collector first making a reasonable effort to contact the attorney representing the consumer. " (j)(l) Proof, by substantial evidence, that a debt collector has willfully violated any provision of the foregoing subsections of this section shall subject such debt collector to liability to any person affected by such violation for all damages proximately caused by the violation. "(2) Punitive damages may be awarded to any person affected by a willful violation of the foregoing subsections of this section, when and in such amount as is deemed appropriate by the court and trier of fact. "§ 28-3815. Administrative enforcement " (a) As used in this section— "(1) 'Commissioner' means the Commissioner of the District of Columbia or his designated agent; " (b) Compliance with the requirements imposed under this chapter shall be enforced by the Commissioner. Nothing contained herein shall be construed to affect the authority and jurisdiction of the respective agencies designated in section 108 of the Truth-in-Lending ^^^^ ^^^ ^*^^- ^^^ ®* ^^''^ ^^ U.S.C. 1601 et seq.). "§ 28-3816. Inconsistent laws: What law governs "If any provision of law or regulation promulgated thereunder is inconsistent with this chapter, this chapter shall govern, unless this chapter or the inconsistent provision of the other laws specifically provides otherwise." §£0. 5. Section 571 of title 16 of the District of Columbia Code is amended to read as follows: "§ lft-571. Definitions "For purposes of this subchapter— "(1) The term 'wages' means compensation paid or payable for per9onal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. "(2) The term 'disposable wages' means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld. "(3) The term 'garnishment' means any legal or equitable procedure through which the wages of any individual are required to be withheld for payment of any debt." SEC. 6. The text of clauses (1), (2), and (3), in the first paragraph of section 16-572 of subchapter III of chapter 5 of title 16, District of Columbia Code, is amended to read as follows:

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