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H.R.837

SPONSOR: House Rep. Bachus (introduced 02/26/97)

A bill to improve the administration of the Fair Debt Collection Practices Act

COSPONSOR(S):

***NONE***

105th CONGRESS

1st Session

H. R. 837

To improve the administration of the Fair Debt Collection Practices Act.

IN THE HOUSE OF REPRESENTATIVES

February 26, 1997

Mr. BACHUS introduced the following bill; which was referred to the Committee on Banking and Financial Services

A BILL

To improve the administration of the Fair Debt Collection Practices Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Fair Debt Collection Practices Amendments of 1997'.

SEC. 2. AMENDMENTS TO FAIR DEBT COLLECTION PRACTICES ACT.

(a) NOTICE OF ASSUMPTION OF VALIDITY OF DEBT- Section 809(a)(3) of the Fair Debt Collection Practices Act (15 U.S.C. 1692g(a)(3)) is amended--

(1) by inserting `appearing in type at least as large as 8-point type' after `statement';

(2) by striking `disputes' and inserting `notifies the debt collector in writing that'; and

(3) by inserting `is disputed,' after `any portion thereof,'.

(b) COLLECTION DURING 30-DAY PERIOD- Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. 1692g) is amended by adding at the end the following new subsection:

`(d) COLLECTION ATTEMPTS DURING 30-DAY PERIOD- Except as provided in subsection (b), a debt collector may attempt to collect a debt during the 30-day period described in subsection (a) and may demand that payment be made during such period.'.

(c) RELATION TO STATE LAW- Section 816 of the Fair Debt Collection Practices Act (15 U.S.C. 1692n) is amended--

(1) by striking `This title' and inserting `(a) IN GENERAL- This title'; and

(2) by adding at the end the following new subsections:

`(b) NO REMEDY UNDER THIS TITLE FOR STATE LAW VIOLATIONS- This title shall not be construed as providing a remedy for any violation of the law of any State with respect to debt collection practices.

`(c) NO LIABILITY UNDER THIS TITLE FOR STATE LAW VIOLATIONS- This title shall not be construed as establishing any liability or penalty for a violation of the law of any State unless the conduct which constitutes a violation of the law of such State also constitutes a violation of any requirement of this title or regulations prescribed pursuant to this title.'.

(d) ACQUISITION OF INFORMATION- Section 804 of the Fair Debt Collection Practices Act (15 U.S.C. 1692b) is amended--

(1) by striking `Any debt collector' and inserting `(a) IN GENERAL- Any debt collector'; and

(2) by adding at the end the following new subsection:

`(b) COMMUNICATION WITH PERSONS OTHER THAN ATTORNEYS FOR CERTAIN PURPOSES- Notwithstanding subsection (a)(6), a debt collector who knows the consumer is represented by an attorney may communicate with any person other than such attorney for purposes of obtaining location, income, asset, or credit information about the consumer if the attorney refuses to provide such information to the debt collector and the debt collector has otherwise complied with subsection (a)(6).'.

(e) SAFE HARBOR FOR UNINTENTIONAL VIOLATIONS RESULTING FROM USE OF APPROVED FORMS- Section 813(c) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(c)) is amended by inserting before the period at the end `or resulted from the use of a form of written communication which was approved by any State or Federal agency which regulates debt collectors'.

(f) EXEMPTION OF FEDERAL OR STATE EMPLOYEES LIMITED TO COLLECTION IN THE COURSE OF EMPLOYMENT- Section 803(6) of the Fair Debt Collection Practices Act (15 U.S.C. 1692a(6)) is amended by inserting `while acting as a debt collector for debt owed to the United States or such State,' after `officer or employee of the United States or any State.'.

(g) `REASONABLE PERSON' STANDARD- Section 813 of the Fair Debt Collection Practices Act (15 U.S.C. 1692k) is amended by adding at the end the following new subsection:

`(f) `REASONABLE PERSON' STANDARD- In making a determination as to whether or not a debt collector has failed to comply with any provision of this title with respect to any person, the court shall consider the effect of any act or omission of the debt collector upon a reasonable person.'.

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