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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5013 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 540
116th CONGRESS
  2d Session
                                H. R. 5013

                          [Report No. 116-656]

To apply the Fair Debt Collection Practices Act to small businesses to 
   the same extent as such Act applies to consumers, to require the 
   Director of the Bureau of Consumer Financial Protection to define 
  ``small business'' for purposes of such Act, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2019

Mr. Lawson of Florida introduced the following bill; which was referred 
                 to the Committee on Financial Services

                           December 16, 2020

                    Additional sponsor: Mr. Cleaver

                           December 16, 2020

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           November 8, 2019]

_______________________________________________________________________

                                 A BILL

 
To apply the Fair Debt Collection Practices Act to small businesses to 
   the same extent as such Act applies to consumers, to require the 
   Director of the Bureau of Consumer Financial Protection to define 
  ``small business'' for purposes of such Act, and for other purposes.

 

    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 ``Small Business Fair Debt Collection 
Protection Act''.

SEC. 2. FAIR DEBT COLLECTION PRACTICES FOR LOANS TO SMALL BUSINESSES.

    (a) In General.--The Fair Debt Collection Practices Act (15 U.S.C. 
1692 et seq.) is amended--
            (1) in section 803--
                    (A) by amending paragraph (5) to read as follows:
            ``(5) The term `debt' means any obligation or alleged 
        obligation to pay money arising out of a transaction, whether 
        or not such obligation has been reduced to judgment.''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(9) The term `commercial credit bureau' means any person 
        which, for monetary fees, dues, or on a cooperative nonprofit 
        basis, regularly engages in whole or in part in the practice of 
        assembling or evaluating commercial credit information or other 
        information on businesses for the purpose of furnishing credit 
        reports to third parties, and which uses any means or facility 
        of interstate commerce for the purpose of preparing or 
        furnishing credit reports.'';
            (2) by redesignating section 819 as section 820; and
            (3) by inserting after section 818 the following:
``Sec. 819. Application to small business debt
    ``(a) In General.--This Act shall apply to small business debt to 
the same extent as this Act applies to debt of consumers.
    ``(b) Small Business Debt Defined.--The term `small business 
debt'--
            ``(1) means any non-equity obligation or alleged obligation 
        of a partnership, corporation, trust, estate, cooperative, 
        association, government or governmental subdivision or agency, 
        or other entity that is less than $5,000,000; and
            ``(2) does not include any obligation or alleged 
        obligation--
                    ``(A) of an individual; or
                    ``(B) that is primarily for personal, family, or 
                household purposes.''.
    (b) Clerical Amendment.--The table of contents for the Fair Debt 
Collection Practices Act is amended by striking the item relating to 
section 819 and inserting the following:

``819. Application to small business debt.
``820. Effective date.''.
    (c) Conforming Amendments.--The Fair Debt Collection Practices Act 
(15 U.S.C. 1692 et seq.) is amended--
            (1) in section 805(b), by inserting ``or a commercial 
        credit bureau (as applicable)'' after ``consumer reporting 
        agency'';
            (2) in section 806(3)--
                    (A) by striking ``consumers who'' and inserting 
                ``consumers or small businesses that''; and
                    (B) by inserting `` or to a commercial credit 
                bureau (as applicable),'' after ``consumer reporting 
                agency''; and
            (3) in section 807(16), by inserting ``or a commercial 
        credit bureau'' after ``this Act''.
            Amend the title so as to read: ``A bill to apply the Fair 
        Debt Collection Practices Act to small business debt to the 
        same extent as such Act applies to consumers, and for other 
        purposes.''.
                                                 Union Calendar No. 540

116th CONGRESS

  2d Session

                               H. R. 5013

                          [Report No. 116-656]

_______________________________________________________________________

                                 A BILL

To apply the Fair Debt Collection Practices Act to small businesses to 
   the same extent as such Act applies to consumers, to require the 
   Director of the Bureau of Consumer Financial Protection to define 
  ``small business'' for purposes of such Act, and for other purposes.

_______________________________________________________________________

                           December 16, 2020

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
```