FCC 1.1919 Revised as of October 1, 2014
Goto Year:2013 |
§ 1.1919 Contracting for collection services.
(a) Subject to the provisions of paragraph (b) of this section, the
Commission may contract with private collection contractors, as defined
in 31 U.S.C. 3701(f), to recover delinquent debts. In that regard, the
(1) Retains the authority to resolve disputes, compromise debts,
suspend or terminate collection activity, and refer debts for
(2) Restricts the private collection contractor from offering, as an
incentive for payment, the opportunity to pay the debt less the private
collection contractor's fee unless the Commission has granted such
authority prior to the offer;
(3) Specifically requires, as a term of its contract with the private
collection contractor, that the private collection contractor is
subject to the Privacy Act of 1974 to the extent specified in 5 U.S.C.
552a(m), and to applicable Federal and state laws and regulations
pertaining to debt collection practices, including but not limited to
the Fair Debt Collection Practices Act, 15 U.S.C. 1692; and
(4) The private collection contractor is required to account for all
(b) Although the Commission will use government-wide debt collection
contracts to obtain debt collection services provided by private
collection contractors, the Commission may refer debts to private
collection contractors pursuant to a contract between the Commission
and the private collection contractor in those situations where the
Commission is not required to transfer debt to the Secretary of the
Treasury for debt collection.
(c) Agencies may fund private collection contractor in accordance with
31 U.S.C. 3718(d), or as otherwise permitted by law.
(d) The Commission may enter into contracts for locating and recovering
assets of the United States, such as unclaimed assets, but it will
first establish procedures that are acceptable to Treasury before
entering into contracts to recover assets of the United States held by
a state government or a financial institution.
(e) The Commission may enter into contracts for debtor asset and income
search reports. In accordance with 31 U.S.C. 3718(d), such contracts
may provide that the fee a contractor charges the Commission for such
services may be payable from the amounts recovered, unless otherwise
prohibited by statute. In that regard, fees for those services will be
added to the amount collected and are part of the administrative
collection costs passed on to the debtor. See § 1.1940.
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