I 

108TH CONGRESS 

1ST SESSION H. R. 3066

To amend the Fair Debt Collection Practices Act to make certain technical 

corrections, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 10, 2003

Mr. GARRETT of New Jersey (for himself, Mr. ANDREWS, Mrs. KELLY, Mr. 

MURPHY, Mr. BEREUTER, Mr. BOYD, Mr. RAMSTAD, Mr. MOORE, Mr. 

CARTER, Mr. MCCOTTER, Mr. FEENEY, Ms. GINNY BROWN-WAITE of 

Florida, Mr. HENSARLING, and Ms. HART) introduced the following bill; 

which was referred to the Committee on Financial Services 

A BILL

To amend the Fair Debt Collection Practices Act to make 

certain technical corrections, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clarifications to the 

5 Fair Debt Collection Practices Act’’. 
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1 SEC. 2. ELIMINATING REQUIREMENT FOR THE ‘‘VALIDA2 TION NOTICE’’ IN FORMAL PLEADINGS. 

3 Section 809 of the Fair Debt Collection Practices Act 

4 (15 U.S.C. 1692g) is amended by adding at the end the 

5 following new subsection: 

6 ‘‘(d) FORMAL PLEADINGS EXCLUDED.—Communica7 tions which are formal pleadings in a civil action shall not 

8 be considered communications for purposes of this title.’’

9 SEC. 3. CODIFICATION OF THE CONSUMER VALIDATION NO10 TICE. 

11 Section 809 of the Fair Debt Collection Practices Act 

12 (15 U.S.C. 1692g) is amended—

13 (1) in the portion of subsection (a) that pre14 cedes paragraph (1), by inserting ‘‘a written notice 

15 described in subsection (e) or’’ before ‘‘a written no16 tice’’; and 

17 (2) by inserting after subsection (d) (as added 

18 by section 2 of this Act) the following new sub19 section: 

20 ‘‘(e) ALTERNATIVE VERSION OF NOTICE.—A notice 

21 is described in this subsection for purposes of subsection 

22 (a) if the notice contains—

23 ‘‘(1) the amount of the debt; 

24 ‘‘(2) the name of the creditor to whom the debt 

25 is owed; and 
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1 ‘‘(3) a statement containing the following: ‘Un2 less you notify this office within 30 days after re3 ceiving this notice that you dispute the validity of 

4 this debt or any portion thereof, this office will as5 sume this debt is valid. If you notify this office in 

6 writing within 30 days from receiving this notice 

7 that you dispute the validity of this debt or any por8 tion thereof, this office will obtain verification of the 

9 debt or obtain a copy of a judgment and provide you 

10 with a copy of such judgment or verification. If you 

11 request of this office in writing within 30 days after 

12 receiving this notice this office will provide you with 

13 the name and address of the original creditor, if dif14 ferent from the current creditor.’ ’’. 

15 SEC. 4. CLARIFYING RIGHT TO COLLECT WITHIN THE 

16 FIRST 30 DAYS. 

17 Section 809(b) of the Fair Debt Collection Practices 

18 Act (15 U.S.C. 1692g(b)) is amended by striking ‘‘If the 

19 consumer’’ and inserting ‘‘Collection activities and com20 munications may continue during the thirty-day period. 

21 However, if the consumer’’. 

22 SEC. 5. CLARIFYING THE REFERENCE TO ‘‘ATTORNEY’’ AND 

23 ‘‘REASONABLE TIME’’. 

24 The Fair Debt Collection Practices Act is amended—

25 (1) in section 804(6) (15 U.S.C. 1692b(6))—
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1 (A) by striking ‘‘an attorney’’ and insert2 ing ‘‘an attorney at law’’; and 

3 (B) by striking ‘‘a reasonable period of 

4 time’’ and inserting ‘‘30 days’’; and 

5 (2) in section 805(a)(2) (15 U.S.C. 

6 1692c(a)(2))—

7 (A) by striking ‘‘an attorney’’ and insert8 ing ‘‘an attorney at law’’; and 

9 (B) by striking ‘‘a reasonable period of 

10 time’’ and inserting ‘‘30 days’’. 

11 SEC. 6. CEASING COMMUNICATIONS. 

12 Subsection (c) of section 805 of the Fair Debt Collec13 tion Practices Act (15 U.S.C. 1692c(c)) is amended to 

14 read as follows: 

15 ‘‘(c) CEASING COMMUNICATION.—

16 ‘‘(1) IN GENERAL.—If a consumer notifies a 

17 debt collector in writing that the consumer refuses 

18 to pay a debt or that the consumer wishes the debt 

19 collector to cease further communication with the 

20 consumer, the debt collector shall not communicate 

21 further with the consumer with respect to such debt, 

22 except for one additional communication which may 

23 be made by the debt collector for any of the fol24 lowing purposes (however many may apply): 
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1 ‘‘(A) To advise the consumer that the debt 

2 collector’s further efforts are being terminated. 

3 ‘‘(B) To notify the consumer that the debt 

4 collector or creditor may invoke specified rem5 edies which are ordinarily invoked by such debt 

6 collector or creditor. 

7 ‘‘(C) Where applicable, to notify the con8 sumer that the debt collector or creditor intends 

9 to invoke a specified remedy. 

10 ‘‘(2) EFFECTIVE DATE OF NOTICE.—If a notice 

11 referred to in paragraph (1) from a consumer is 

12 made by mail, notification shall be complete upon re13 ceipt.’’. 

14 SEC. 7. THE ‘‘BRADY AMENDMENT’’. 

15 Section 807(8) of the Fair Debt Collection Practices 

16 Act (15 U.S.C. Section 1692e(8)) is amended by striking 

17 ‘‘disputed debt’’ and inserting ‘‘debt which has been dis18 puted by the consumer in writing’’. 

19 SEC. 8. VALIDATION OF DEBTS. 

20 Section 809(a)(3) of the Fair Debt Collection Prac21 tices Act (15 U.S.C. 1692g(a)(3)) is amended by inserting 

22 ‘‘in writing,’’ after ‘‘any portion thereof,’’.

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