79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–892 

PRACTICE OF LAW TECHNICAL CLARIFICATION ACT OF 

2018 

AUGUST 7, 2018.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. HENSARLING, from the Committee on Financial Services, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 5082] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Financial Services, to whom was referred the 

bill (H.R. 5082) to amend the Fair Debt Collection Practices Act to 

exclude law firms and licensed attorneys who are engaged in activities related to legal proceedings from the definition of a debt collector, to amend the Consumer Financial Protection Act of 2010 to 

prevent the Bureau of Consumer Financial Protection from exercising supervisory or enforcement authority with respect to attorneys when undertaking certain actions related to legal proceedings, 

and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do 

pass. 

PURPOSE AND SUMMARY

Introduced by Representative Alex Mooney on February 23, 2018, 

H.R. 5082, the ‘‘Practice of Law Technical Clarification Act of 

2018’’, amends the Fair Debt Collection Practices Act (FDCPA) 

[P.L. 95–109] to exclude from the definition of ‘‘debt collector’’ any 

law firm or licensed attorney engaged in litigation activities in connection with a legal action in a court of law to collect a debt on behalf of a client to the extent that such legal action is served on the 

defendant debtor, or service is attempted, in accordance with the 

2 

applicable statute or rules of civil procedure. These activities include: 

(1) Serving, filing, or conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable 

rules of civil procedure; or 

(2) Communicating in, or at the direction of, a court of law, 

or in the enforcement of a judgment; or 

(3) Any other activities engaged in as part of the practice of 

law, under the laws of a State in which the attorney is licensed, that relate to the legal action. 

This bill also amends the Dodd-Frank Wall Street Reform and 

Consumer Financial Protection Act of 2010 [P.L. 111–203] to clarify 

that the Bureau of Consumer Financial Protection (BCFP or Bureau) may not exercise supervisory or enforcement authority with 

respect to attorneys engaged in the practice of law and not offering 

or providing consumer financial products or services. 

BACKGROUND AND NEED FOR LEGISLATION

Title X of the Dodd-Frank Act gave the BCFP expansive supervisory authority over debt collection. Under its ‘‘larger participant’’ 

rule, the Bureau can supervise debt collectors and debt buyers with 

more than $10 million in annual receipts. The BCFP also has supervisory authority over service providers to large insured depository institutions as well as service providers to nonbank mortgage 

originators, payday lenders, and private student loan lenders. 

Those service providers can include third-party debt collectors, regardless of the collector’s size. 

In addition to giving the Bureau broad authority over debt collection activities, the Dodd-Frank Act also transferred Federal Debt 

Collection Practices Act (FDCPA) enforcement authority to the Bureau, and gave it FDCPA rulemaking authority. The FDCPA was 

originally enforced by the Federal Trade Commission (FTC), which 

did not have rulemaking authority. The FDCPA was enacted to 

eliminate abusive debt collection practices by debt collectors, ensure industry parity for debt collectors who refrain from using abusive debt collection practices, and promote consistent State action 

to protect consumers against debt collection abuses. 

Under the FDCPA, debt collectors are prohibited from taking certain actions, including: contacting a consumer at any unusual or inconvenient time or place; harassing or abusing a consumer; communicating with third parties regarding a consumer’s debt, except for 

the purpose of locating the consumer; and contacting a consumer 

if that consumer has notified the debt collector that the consumer 

refuses to pay the debt or that he wishes the debt collector to cease 

communication, except that the debt collector may still contact the 

consumer to notify him that the communication will stop or that 

the debt collector or creditor intends to take further action. A debt 

collector who violates any provision of the FDCPA is subject to civil 

liability as well as a private cause of action. 

The FDCPA applies only to third-party debt collectors, which are 

defined as ‘‘any person who uses any instrumentality of interstate 

commerce or the mails in any business the principal purpose of 

which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asVerDate Sep 11 2014 04:12 Aug 08, 2018 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR892.XXX HR892
3 

1 15 U.S.C. § 1692(a)(6). 

2 https://www.americanbar.org/content/dam/aba/uncategorized/GAO/abaonepagersupportinghr 

5082-march2018.authcheckdam.pdf. 

serted to be owed or due another.’’ 1 There are certain instances in 

which attorneys will be considered debt collectors and subject to 

compliance with the FDCPA. Current legal interpretation considers 

a lawyer who regularly tries to obtain payment of consumer debts 

through litigation to be a person who ‘‘regularly collects or attempts to collect . . . debts owed’’ in the definition of debt collector. 

Because of this, such a lawyer can expose himself to liability by 

failing to comport with the FDCPA’s strictures and obligations—including the obligation to provide to consumers certain notices of 

their rights. As a result, attorneys trying collection cases in state 

court are routinely sued in federal court for technical violations of 

the FDCPA, even though they are undertaking litigation-related attorney conduct. 

However, there are also a number of classes of persons expressly 

excluded from the definition of ‘‘debt collector.’’ There is also an explicit exclusion for the ‘‘practice of law’’ included in Section 1027(e) 

of the Dodd-Frank Act: 

[T]he Bureau may not exercise any supervisory or enforcement authority with respect to an activity engaged in 

by an attorney as part of the practice of law under the 

laws of a State in which the attorney is licensed to practice 

law. . . . [unless it covers] the offering or provision of a 

consumer financial product or service . . . that is otherwise offered or provided by the attorney in question with 

respect to any consumer who is not receiving legal advice 

or services from the attorney in connection with such financial product or service. 

Currently, this provision has been construed to treat an attorney 

representing a creditor in a legal action against a debtor as having 

‘‘offered or provided’’ a financial product or service. Therefore, 

under the current interpretation, an attorney that sues a debtor to 

collect a debt is providing the debtor with a financial product or 

service, and the BCFP may exercise its supervisory or enforcement 

authority against attorneys practicing debt collection or representing lenders in loan transactions. 

Although Section 1027(e) of the Dodd-Frank Act exempts most 

consumer lawyers from the BCFP’s authority, it may not apply to 

some creditor lawyers. As the American Bar Association noted ‘‘as 

‘‘officers of the court,’’ lawyers are subject to strict ethical rules and 

disciplinary action for any misconduct, including potential suspension or disbarment. Therefore, further regulation by the CFPB, 

other agencies, or Congress is unnecessary and is likely to conflict 

with regulation and oversight by the judicial branch of government.’’ 2 H.R. 5082 would restore Congressional intent and clarify 

that the BCFP does not have authority to regulate the practice of 

law, which is the purview of the state bar licensing system. H.R. 

5082 is a narrow bill that exempts only lawyers engaged in actual 

litigation that seek collection on a client’s behalf. 

4 

HEARINGS

The Subcommittee on Financial Institutions held a hearing examining matters relating to H.R. 5082 on September 7, 2017. 

COMMITTEE CONSIDERATION

The Committee on Financial Services met in open session on 

March 21, 2018, and ordered H.R. 5082 to be reported favorably to 

the without amendment by a recorded vote of 35 yeas to 25 nays 

(recorded vote no. FC–169), a quorum being present. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. The sole recorded 

vote was on a motion by Chairman Hensarling to report the bill favorably to the House without amendment. The motion was agreed 

to by a recorded vote of 35 yeas to 25 nays (Record vote no. FC– 

169), a quorum being present. 

5 


Insert offset folio 6 here HR892.001

Representative 

Mr. Hensarling ••••.••••••.••• 

Mr. McHenry-----------------

Mr. King ................... .. 

Mr. Royce (CAl ---------------

Mr. Lucas-------------------· 

Mr. Pearce ................. .. 

Mr. Posey--------------------

Mr. Luetkemeyer ............. . 

Mr. Huizenga .............. .. 

Mr. Duffy ................... . 

Mr. Stivers-------------------

Mr. Hultgren ................ . 

Mr. Ross---------------------

Yea 

Mr. Pittenger................. .X. 

Mrs. Wagner ...... ____ •. _.... .X. 

Mr. Barr..................... )\ 

Mr. Rothfus .................. X. 

Mr. Messer................... )\ 

Mr. Tipton.................... X. 

Mr. Williams ................. X. 

Mr. Poliquin------------------ .X. 

Mrs. Love.................... .X. 

Mr. Hill....................... ~ 

Mr Emmer................... X. 

Mr. Zeldin.................... .X. 

Mr. Trott..................... .X. 

Mr. Loudermilk .............. . 

Mr. Mooney IJIVJ.. _____ ...... . 

Mr. MacArthur .............. . 

Mr Davidson ............... .. 

Mr. Budd ................... . 

Mr. Kustoff (TNL .......... .. 

Ms. Tenney .................. . 

Mr. Hollingsworth ............ . 

Record vote no. FC-169 

Nay Present Representative 

Ms. Maxine Waters (CAl ....... 

Mrs. Carolyn B. Maloney (NY)._ 

Ms. Velazquez .... ____ . __ ... .. 

Mr. Sherman ................ . 

Mr. Meeks .................. . 

Mr. Capuano ................ . 

Mr. ClaY.. .................. .. 

Mr. Lynch--------------------

Mr. David Scott (GAl ......... . 

Mr. AI Green (TXl ........... .. 

Mr. Cleaver ................ .. 

Ms. Moore--------------------

Mr. Ellison .................. . 

Mr. Perlmutter .............. .. 

Mr. Himes ................. .. 

Mr. Foster .................. .. Mr. K1ldee __________________ __ 

Mr. Delaney ................. . 

Ms Smema ................. . 

Mrs. Beatty------------------

Mr. Heck .................... . 

Mr. Vargas .................. . 

Mr. Gottheimer .............. . 

Mr. Gonzalez (TX) ............ . 

Mr. Crist ................... .. 

Mr. Kihuen .................. . 

Yea Nay Present 

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6 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the findings and recommendations of the Committee based on oversight activities under clause 2(b)(1) of rule X 

of the Rules of the House of Representatives, are incorporated in 

the descriptive portions of this report. 

PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the Committee states that H.R. 5082 will exempt lawyers engaged in actual litigation that seek collection on a 

client’s behalf. This legislative construction allays opposition concerns that debt collectors will abuse the exemption and employ licensed attorneys to collect debts. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATES

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 2, 2018. 

Hon. JEB HENSARLING, 

Chairman, Committee on Financial Services, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5082, the Practice of Law 

Technical Clarification Act of 2018. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Stephen Rabent. 

Sincerely, 

KEITH HALL, Director. 

Enclosure. 

H.R. 5082—Practice of Law Technical Clarification Act of 2018 

Under current law, the Consumer Financial Protection Bureau 

(CFPB) and the Federal Trade Commission (FTC) share enforcement authority over the Fair Debt Collection Practices Act 

(FDCPA). The CFPB retains supervisory and rulemaking authority 

under that act. For the purposes of the FDCPA, H.R. 5082 would 

exempt law firms and licensed attorneys from being defined as 

7 

‘‘debt collectors’’ when they are engaged in certain litigation activities connected to collecting debt on behalf of a client. 

Using information from the affected agencies, CBO estimates 

that implementing H.R. 5082 would have an insignificant effect on 

costs for the FTC and would cost the CFPB less than $500,000 to 

make required changes to a planned rulemaking. The costs for the 

CFPB are treated as direct spending in the budget. 

CBO also estimates that implementing H.R. 5082 could reduce 

the CFPB’s and FTC’s collections of civil penalties, which are recorded in the budget as revenues, by slightly limiting the scope of 

enforcement cases that the agencies may pursue. Because the 

CFPB can spend the penalties it collects, the reduction in penalties 

would also reduce the subsequent direct spending of those funds. 

However, CBO estimates that the effects on revenues and direct 

spending would not be significant over the 2018–2028 period. 

Because enacting the bill would affect direct spending and revenues, pay-as-you-go procedures apply. 

CBO estimates that enacting H.R. 5082 would not significantly 

increase net direct spending or on-budget deficits in any of the four 

consecutive 10-year periods beginning in 2029. 

H.R. 5082 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Stephen Rabent. The 

estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

This information is provided in accordance with section 423 of 

the Unfunded Mandates Reform Act of 1995. 

The Committee has determined that the bill does not contain 

Federal mandates on the private sector. The Committee has determined that the bill does not impose a Federal intergovernmental 

mandate on State, local, or tribal governments. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of the section 102(b)(3) of the 

Congressional Accountability Act. 

EARMARK IDENTIFICATION

With respect to clause 9 of rule XXI of the Rules of the House 

of Representatives, the Committee has carefully reviewed the provisions of the bill and states that the provisions of the bill do not 

contain any congressional earmarks, limited tax benefits, or limited 

tariff benefits within the meaning of the rule. 

8 

DUPLICATION OF FEDERAL PROGRAMS

In compliance with clause 3(c)(5) of rule XIII of the Rules of the 

House of Representatives, the Committee states that no provision 

of the bill establishes or reauthorizes: (1) a program of the Federal 

Government known to be duplicative of another Federal program; 

(2) a program included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public 

Law 111–139; or (3) a program related to a program identified in 

the most recent Catalog of Federal Domestic Assistance, published 

pursuant to the Federal Program Information Act (Pub. L. No. 95– 

220, as amended by Pub. L. No. 98–169). 

DISCLOSURE OF DIRECTED RULEMAKING

Pursuant to section 3(i) of H. Res. 5, (115th Congress), the following statement is made concerning directed rule makings: The 

Committee estimates that the bill requires no directed rule makings within the meaning of such section. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section cites H.R. 5082 as the ‘‘Practice of Law Technical 

Clarification Act of 2018.’’ 

Section 2. Exclusion of law firms and attorneys from the definition 

of debt collector when engaged in the practice of law 

This section amends Section 803(6) of the Fair Debt Collection 

Practices Act (15 U.S.C. 1692a(6)) to exclude law firms and attorneys engaged in litigation activities in connection with a legal action in a court of law to collect a debt on behalf of a client, including: 

(1) Serving, filing, or conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable 

rules of civil procedure; or 

(2) Communicating in, or at the direction of, a court of law, 

or in the enforcement of a judgment; or 

(3) any other activities engaged in as part of the practice of 

law, under the laws of a State in which the attorney is licensed, that relate to the legal action. 

Section 3. Amendment to bureau authority with respect to practice 

of law 

This sections amends Section 1027(e)(2)(B) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5517(e)(2)(B) to clarify 

that the Consumer Financial Protection Bureau may not exercise 

supervisory or enforcement authority with respect to attorneys engaged in the practice of law and not offering or providing consumer 

financial products or services. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

9 

and existing law in which no change is proposed is shown in 

roman): 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

FAIR DEBT COLLECTION PRACTICES ACT 

* * * * * * * 

TITLE VIII—DEBT COLLECTION PRACTICES 

* * * * * * * 

§ 803. Definitions 

As used in this title— 

(1) The term ‘‘Bureau’’ means the Bureau of Consumer Financial Protection. 

(2) The term ‘‘communication’’ means the conveying of information regarding a debt directly or indirectly to any person 

through any medium. 

(3) The term ‘‘consumer’’ means any natural person obligated 

or allegedly obligated to pay any debt. 

(4) The term ‘‘creditor’’ means any person who offers or extends credit creating a debt or to whom a debt is owed, but 

such term does not include any person to the extent that he 

receives an assignment or transfer of a debt in default solely 

for the purpose of facilitating collection of such debt for another. 

(5) The term ‘‘debt’’ means any obligation or alleged obligation of a consumer to pay money arising out of a transaction 

in which the money, property, insurance, or services which are 

the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has 

been reduced to judgment. 

(6) The term ‘‘debt collector’’ means any person who uses any 

instrumentality of interstate commerce or the mails in any 

business the principal purpose of which is the collection of any 

debts, or who regularly collects or attempts to collect, directly 

or indirectly, debts owed or due or asserted to be owed or due 

another. Notwithstanding the exclusion provided by clause (F) 

of the last sentence of this paragraph, the term includes any 

creditor who, in the process of collecting his own debts, uses 

any name other than his own which would indicate that a 

third person is collecting or attempting to collect such debts. 

For the purpose of section 808(6), such term also includes any 

person who uses any instrumentality of interstate commerce or 

the mails in any business the principal purpose of which is the 

enforcement of security interests. The term does not include— 

10 

(A) any officer or employee of a creditor while, in the 

name of the creditor, collecting debts for such creditor; 

(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting 

as a debt collector does so only for persons to whom it is 

so related or affilated and if the principal business of such 

person is not the collection of debts; 

(C) any officer or employee of the United States or any 

State to the extent that collecting or attempting to collect 

any debt is in the performance of his official duties; 

(D) any person while serving or attempting to serve legal 

process on any other person in connection with the judicial 

enforcement of any debt; 

(E) any nonprofit organization which, at the request of 

consumers, performs bona fide consumer credit counseling 

and assists consumers in the liquidation of their debts by 

receiving payments from such consumers and distributing 

such amounts to creditors; 

(F) any law firm or licensed attorney, to the extent that— 

(i) such firm or attorney is engaged in litigation activities in connection with a legal action in a court of 

law to collect a debt on behalf of a client, including— 

(I) serving, filing, or conveying formal legal 

pleadings, discovery requests, or other documents 

pursuant to the applicable statute or rules of civil 

procedure; 

(II) communicating in, or at the direction of, a 

court of law (including in depositions or settlement 

conferences) or in the enforcement of a judgment; 

or 

(III) any other activities engaged in as part of 

the practice of law, under the laws of a State in 

which the attorney is licensed, that relate to the 

legal action; and 

(ii) such legal action is served on the defendant debtor, or service is attempted, in accordance with the applicable statute or rules of civil procedure; and 

ø(F)¿ (G) any person collecting or attempting to collect 

any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona 

fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such 

person; (iii) concerns a debt which was not in default at 

the time it was obtained by such person; or (iv) concerns 

a debt obtained by such person as a secured party in a 

commercial credit transaction involving the creditor. 

(7) The term ‘‘location information’’ means a consumer’s 

place of abode and his telephone number at such place, or his 

place of employment. 

(8) The term ‘‘State’’ means any State, territory, or possession of the United States, the District of Columbia, the ComVerDate Sep 11 2014 04:12 Aug 08, 2018 Jkt 079006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6601 E:\HR\OC\HR892.XXX HR892
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monwealth of Puerto Rico, or any political subdivision of any 

of the foregoing. 

* * * * * * * 

CONSUMER FINANCIAL PROTECTION ACT OF 2010 

* * * * * * * 

TITLE X—BUREAU OF CONSUMER 

FINANCIAL PROTECTION 

* * * * * * * 

Subtitle B—General Powers of the Bureau 

* * * * * * * 

SEC. 1027. LIMITATIONS ON AUTHORITIES OF THE BUREAU; PRESERVATION OF AUTHORITIES. 

(a) EXCLUSION FOR MERCHANTS, RETAILERS, AND OTHER SELLERS

OF NONFINANCIAL GOODS OR SERVICES.— (1) SALE OR BROKERAGE OF NONFINANCIAL GOOD OR SERV- ICE.—The Bureau may not exercise any rulemaking, supervisory, enforcement or other authority under this title with respect to a person who is a merchant, retailer, or seller of any 

nonfinancial good or service and is engaged in the sale or brokerage of such nonfinancial good or service, except to the extent that such person is engaged in offering or providing any 

consumer financial product or service, or is otherwise subject 

to any enumerated consumer law or any law for which authorities are transferred under subtitle F or H. 

(2) OFFERING OR PROVISION OF CERTAIN CONSUMER FINANCIAL

PRODUCTS OR SERVICES IN CONNECTION WITH THE SALE OR BROKERAGE OF NONFINANCIAL GOOD OR SERVICE.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), and subject to subparagraph (C), the Bureau may not 

exercise any rulemaking, supervisory, enforcement, or 

other authority under this title with respect to a merchant, 

retailer, or seller of nonfinancial goods or services, but only 

to the extent that such person— 

(i) extends credit directly to a consumer, in a case 

in which the good or service being provided is not 

itself a consumer financial product or service (other 

than credit described in this subparagraph), exclusively for the purpose of enabling that consumer to 

purchase such nonfinancial good or service directly 

from the merchant, retailer, or seller; 

(ii) directly, or through an agreement with another 

person, collects debt arising from credit extended as 

described in clause (i); or 

(iii) sells or conveys debt described in clause (i) that 

is delinquent or otherwise in default. 

12 

(B) APPLICABILITY.—Subparagraph (A) does not apply to 

any credit transaction or collection of debt, other than as 

described in subparagraph (C)(i), arising from a transaction described in subparagraph (A)— 

(i) in which the merchant, retailer, or seller of nonfinancial goods or services assigns, sells or otherwise 

conveys to another person such debt owed by the consumer (except for a sale of debt that is delinquent or 

otherwise in default, as described in subparagraph 

(A)(iii)); 

(ii) in which the credit extended significantly exceeds the market value of the nonfinancial good or 

service provided, or the Bureau otherwise finds that 

the sale of the nonfinancial good or service is done as 

a subterfuge, so as to evade or circumvent the provisions of this title; or 

(iii) in which the merchant, retailer, or seller of nonfinancial goods or services regularly extends credit and 

the credit is subject to a finance charge. 

(C) LIMITATIONS.— 

(i) IN GENERAL.—Notwithstanding subparagraph (B), 

subparagraph (A) shall apply with respect to a merchant, retailer, or seller of nonfinancial goods or services that is not engaged significantly in offering or providing consumer financial products or services. 

(ii) EXCEPTION.—Subparagraph (A) and clause (i) of 

this subparagraph do not apply to any merchant, retailer, or seller of nonfinancial goods or services— 

(I) if such merchant, retailer, or seller of nonfinancial goods or services is engaged in a transaction described in subparagraph (B)(i) or (B)(ii); 

or 

(II) to the extent that such merchant, retailer, 

or seller is subject to any enumerated consumer 

law or any law for which authorities are transferred under subtitle F or H, but the Bureau may 

exercise such authority only with respect to that 

law. 

(D) RULES.— 

(i) AUTHORITY OF OTHER AGENCIES.—No provision of 

this title shall be construed as modifying, limiting, or 

superseding the supervisory or enforcement authority 

of the Federal Trade Commission or any other agency 

(other than the Bureau) with respect to credit extended, or the collection of debt arising from such extension, directly by a merchant or retailer to a consumer exclusively for the purpose of enabling that consumer to purchase nonfinancial goods or services directly from the merchant or retailer. 

(ii) SMALL BUSINESSES.—A merchant, retailer, or 

seller of nonfinancial goods or services that would otherwise be subject to the authority of the Bureau solely 

by virtue of the application of subparagraph (B)(iii) 

shall be deemed not to be engaged significantly in ofVerDate Sep 11 2014 04:12 Aug 08, 2018 Jkt 079006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6601 E:\HR\OC\HR892.XXX HR892
13 

fering or providing consumer financial products or 

services under subparagraph (C)(i), if such person— 

(I) only extends credit for the sale of nonfinancial goods or services, as described in subparagraph (A)(i); 

(II) retains such credit on its own accounts (except to sell or convey such debt that is delinquent 

or otherwise in default); and 

(III) meets the relevant industry size threshold 

to be a small business concern, based on annual 

receipts, pursuant to section 3 of the Small Business Act (15 U.S.C. 632) and the implementing 

rules thereunder. 

(iii) INITIAL YEAR.—A merchant, retailer, or seller of 

nonfinancial goods or services shall be deemed to meet 

the relevant industry size threshold described in 

clause (ii)(III) during the first year of operations of 

that business concern if, during that year, the receipts 

of that business concern reasonably are expected to 

meet that size threshold. 

(iv) OTHER STANDARDS FOR SMALL BUSINESS.—With 

respect to a merchant, retailer, or seller of nonfinancial goods or services that is a classified on a 

basis other than annual receipts for the purposes of 

section 3 of the Small Business Act (15 U.S.C. 632) 

and the implementing rules thereunder, such merchant, retailer, or seller shall be deemed to meet the 

relevant industry size threshold described in clause 

(ii)(III) if such merchant, retailer, or seller meets the 

relevant industry size threshold to be a small business 

concern based on the number of employees, or other 

such applicable measure, established under that Act. 

(E) EXCEPTION FROM STATE ENFORCEMENT.—To the extent that the Bureau may not exercise authority under this 

subsection with respect to a merchant, retailer, or seller of 

nonfinancial goods or services, no action by a State attorney general or State regulator with respect to a claim 

made under this title may be brought under subsection 

1042(a), with respect to an activity described in any of 

clauses (i) through (iii) of subparagraph (A) by such merchant, retailer, or seller of nonfinancial goods or services. 

(b) EXCLUSION FOR REAL ESTATE BROKERAGE ACTIVITIES.— 

(1) REAL ESTATE BROKERAGE ACTIVITIES EXCLUDED.—Without 

limiting subsection (a), and except as permitted in paragraph 

(2), the Bureau may not exercise any rulemaking, supervisory, 

enforcement, or other authority under this title with respect to 

a person that is licensed or registered as a real estate broker 

or real estate agent, in accordance with State law, to the extent that such person— 

(A) acts as a real estate agent or broker for a buyer, seller, lessor, or lessee of real property; 

(B) brings together parties interested in the sale, purchase, lease, rental, or exchange of real property; 

(C) negotiates, on behalf of any party, any portion of a 

contract relating to the sale, purchase, lease, rental, or exVerDate Sep 11 2014 04:12 Aug 08, 2018 Jkt 079006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR892.XXX HR892
14 

change of real property (other than in connection with the 

provision of financing with respect to any such transaction); or 

(D) offers to engage in any activity, or act in any capacity, described in subparagraph (A), (B), or (C). 

(2) DESCRIPTION OF ACTIVITIES.—The Bureau may exercise 

rulemaking, supervisory, enforcement, or other authority under 

this title with respect to a person described in paragraph (1) 

when such person is— 

(A) engaged in an activity of offering or providing any 

consumer financial product or service, except that the Bureau may exercise such authority only with respect to that 

activity; or 

(B) otherwise subject to any enumerated consumer law 

or any law for which authorities are transferred under 

subtitle F or H, but the Bureau may exercise such authority only with respect to that law. 

(c) EXCLUSION FOR MANUFACTURED HOME RETAILERS AND MODULAR HOME RETAILERS.— 

(1) IN GENERAL.—The Director may not exercise any rulemaking, supervisory, enforcement, or other authority over a 

person to the extent that— 

(A) such person is not described in paragraph (2); and 

(B) such person— 

(i) acts as an agent or broker for a buyer or seller 

of a manufactured home or a modular home; 

(ii) facilitates the purchase by a consumer of a manufactured home or modular home, by negotiating the 

purchase price or terms of the sales contract (other 

than providing financing with respect to such transaction); or 

(iii) offers to engage in any activity described in 

clause (i) or (ii). 

(2) DESCRIPTION OF ACTIVITIES.—A person is described in 

this paragraph to the extent that such person is engaged in the 

offering or provision of any consumer financial product or service or is otherwise subject to any enumerated consumer law or 

any law for which authorities are transferred under subtitle F 

or H. 

(3) DEFINITIONS.—For purposes of this subsection, the following definitions shall apply: 

(A) MANUFACTURED HOME.—The term ‘‘manufactured 

home’’ has the same meaning as in section 603 of the National Manufactured Housing Construction and Safety 

Standards Act of 1974 (42 U.S.C. 5402). 

(B) MODULAR HOME.—The term ‘‘modular home’’ means 

a house built in a factory in 2 or more modules that meet 

the State or local building codes where the house will be 

located, and where such modules are transported to the 

building site, installed on foundations, and completed. 

(d) EXCLUSION FOR ACCOUNTANTS AND TAX PREPARERS.— 

(1) IN GENERAL.—Except as permitted in paragraph (2), the 

Bureau may not exercise any rulemaking, supervisory, enforcement, or other authority over— 

15 

(A) any person that is a certified public accountant, permitted to practice as a certified public accounting firm, or 

certified or licensed for such purpose by a State, or any individual who is employed by or holds an ownership interest with respect to a person described in this subparagraph, when such person is performing or offering to perform— 

(i) customary and usual accounting activities, including the provision of accounting, tax, advisory, or 

other services that are subject to the regulatory authority of a State board of accountancy or a Federal 

authority; or 

(ii) other services that are incidental to such customary and usual accounting activities, to the extent 

that such incidental services are not offered or provided— 

(I) by the person separate and apart from such 

customary and usual accounting activities; or 

(II) to consumers who are not receiving such 

customary and usual accounting activities; or 

(B) any person, other than a person described in subparagraph (A) that performs income tax preparation activities for consumers. 

(2) DESCRIPTION OF ACTIVITIES.— 

(A) IN GENERAL.—Paragraph (1) shall not apply to any 

person described in paragraph (1)(A) or (1)(B) to the extent 

that such person is engaged in any activity which is not 

a customary and usual accounting activity described in 

paragraph (1)(A) or incidental thereto but which is the offering or provision of any consumer financial product or 

service, except to the extent that a person described in 

paragraph (1)(A) is engaged in an activity which is a customary and usual accounting activity described in paragraph (1)(A), or incidental thereto. 

(B) NOT A CUSTOMARY AND USUAL ACCOUNTING ACTIVITY.—For purposes of this subsection, extending or 

brokering credit is not a customary and usual accounting 

activity, or incidental thereto. 

(C) RULE OF CONSTRUCTION.—For purposes of subparagraphs (A) and (B), a person described in paragraph (1)(A) 

shall not be deemed to be extending credit, if such person 

is only extending credit directly to a consumer, exclusively 

for the purpose of enabling such consumer to purchase 

services described in clause (i) or (ii) of paragraph (1)(A) 

directly from such person, and such credit is— 

(i) not subject to a finance charge; and 

(ii) not payable by written agreement in more than 

4 installments. 

(D) OTHER LIMITATIONS.—Paragraph (1) does not apply 

to any person described in paragraph (1)(A) or (1)(B) that 

is otherwise subject to any enumerated consumer law or 

any law for which authorities are transferred under subtitle F or H. 

(e) EXCLUSION FOR PRACTICE OF LAW.— 

16 

(1) IN GENERAL.—Except as provided under paragraph (2), 

the Bureau may not exercise any supervisory or enforcement 

authority with respect to an activity engaged in by an attorney 

as part of the practice of law under the laws of a State in 

which the attorney is licensed to practice law. 

(2) RULE OF CONSTRUCTION.—Paragraph (1) shall not be construed so as to limit the exercise by the Bureau of any supervisory, enforcement, or other authority regarding the offering 

or provision of a consumer financial product or service described in any subparagraph of section 1002(5)— 

(A) that is not offered or provided as part of, or incidental to, the practice of law, occurring exclusively within 

the scope of the attorney-client relationship; or 

(B) that is otherwise offered or provided by the attorney 

in question with respect to any consumer who is not receiving legal advice or services from the attorney in connection with such financial product or serviceø.¿, unless 

such financial product or service is provided by a licensed 

attorney who is not a debt collector as described under section 803(6)(F) of the Fair Debt Collection Practices Act. 

(3) EXISTING AUTHORITY.—Paragraph (1) shall not be construed so as to limit the authority of the Bureau with respect 

to any attorney, to the extent that such attorney is otherwise 

subject to any of the enumerated consumer laws or the authorities transferred under subtitle F or H. 

(f) EXCLUSION FOR PERSONS REGULATED BY A STATE INSURANCE

REGULATOR.— 

(1) IN GENERAL.—No provision of this title shall be construed 

as altering, amending, or affecting the authority of any State 

insurance regulator to adopt rules, initiate enforcement proceedings, or take any other action with respect to a person regulated by a State insurance regulator. Except as provided in 

paragraph (2), the Bureau shall have no authority to exercise 

any power to enforce this title with respect to a person regulated by a State insurance regulator. 

(2) DESCRIPTION OF ACTIVITIES.—Paragraph (1) does not 

apply to any person described in such paragraph to the extent 

that such person is engaged in the offering or provision of any 

consumer financial product or service or is otherwise subject to 

any enumerated consumer law or any law for which authorities 

are transferred under subtitle F or H. 

(3) STATE INSURANCE AUTHORITY UNDER GRAMM-LEACH-BLILEY.—Notwithstanding paragraph (2), the Bureau shall not exercise any authorities that are granted a State insurance authority under section 505(a)(6) of the Gramm-Leach-Bliley Act 

with respect to a person regulated by a State insurance authority. 

(g) EXCLUSION FOR EMPLOYEE BENEFIT AND COMPENSATION

PLANS AND CERTAIN OTHER ARRANGEMENTS UNDER THE INTERNAL

REVENUE CODE OF 1986.— 

(1) PRESERVATION OF AUTHORITY OF OTHER AGENCIES.—No 

provision of this title shall be construed as altering, amending, 

or affecting the authority of the Secretary of the Treasury, the 

Secretary of Labor, or the Commissioner of Internal Revenue 

17 

to adopt regulations, initiate enforcement proceedings, or take 

any actions with respect to any specified plan or arrangement. 

(2) ACTIVITIES NOT CONSTITUTING THE OFFERING OR PROVI- SION OF ANY CONSUMER FINANCIAL PRODUCT OR SERVICE.—For 

purposes of this title, a person shall not be treated as having 

engaged in the offering or provision of any consumer financial 

product or service solely because such person is— 

(A) a specified plan or arrangement; 

(B) engaged in the activity of establishing or maintaining, for the benefit of employees of such person (or for 

members of an employee organization), any specified plan 

or arrangement; or 

(C) engaged in the activity of establishing or maintaining a qualified tuition program under section 529(b)(1) of 

the Internal Revenue Code of 1986 offered by a State or 

other prepaid tuition program offered by a State. 

(3) LIMITATION ON BUREAU AUTHORITY.— 

(A) IN GENERAL.—Except as provided under subparagraphs (B) and (C), the Bureau may not exercise any rulemaking or enforcement authority with respect to products 

or services that relate to any specified plan or arrangement. 

(B) BUREAU ACTION PURSUANT TO AGENCY REQUEST.— (i) AGENCY REQUEST.—The Secretary and the Secretary of Labor may jointly issue a written request to 

the Bureau regarding implementation of appropriate 

consumer protection standards under this title with 

respect to the provision of services relating to any 

specified plan or arrangement. 

(ii) AGENCY RESPONSE.—In response to a request by 

the Bureau, the Secretary and the Secretary of Labor 

shall jointly issue a written response, not later than 

90 days after receipt of such request, to grant or deny 

the request of the Bureau regarding implementation of 

appropriate consumer protection standards under this 

title with respect to the provision of services relating 

to any specified plan or arrangement. 

(iii) SCOPE OF BUREAU ACTION.—Subject to a request 

or response pursuant to clause (i) or clause (ii) by the 

agencies made under this subparagraph, the Bureau 

may exercise rulemaking authority, and may act to enforce a rule prescribed pursuant to such request or response, in accordance with the provisions of this title. 

A request or response made by the Secretary and the 

Secretary of Labor under this subparagraph shall describe the basis for, and scope of, appropriate consumer protection standards to be implemented under 

this title with respect to the provision of services relating to any specified plan or arrangement. 

(C) DESCRIPTION OF PRODUCTS OR SERVICES.—To the extent that a person engaged in providing products or services relating to any specified plan or arrangement is subject to any enumerated consumer law or any law for which 

authorities are transferred under subtitle F or H, subparagraph (A) shall not apply with respect to that law. 

18 

(4) SPECIFIED PLAN OR ARRANGEMENT.—For purposes of this 

subsection, the term ‘‘specified plan or arrangement’’ means 

any plan, account, or arrangement described in section 220, 

223, 401(a), 403(a), 403(b), 408, 408A, 529, 529A, or 530 of the 

Internal Revenue Code of 1986, or any employee benefit or 

compensation plan or arrangement, including a plan that is 

subject to title I of the Employee Retirement Income Security 

Act of 1974, or any prepaid tuition program offered by a State. 

(h) PERSONS REGULATED BY A STATE SECURITIES COMMISSION.— (1) IN GENERAL.—No provision of this title shall be construed 

as altering, amending, or affecting the authority of any securities commission (or any agency or office performing like functions) of any State to adopt rules, initiate enforcement proceedings, or take any other action with respect to a person regulated by any securities commission (or any agency or office 

performing like functions) of any State. Except as permitted in 

paragraph (2) and subsection (f), the Bureau shall have no authority to exercise any power to enforce this title with respect 

to a person regulated by any securities commission (or any 

agency or office performing like functions) of any State, but 

only to the extent that the person acts in such regulated capacity. 

(2) DESCRIPTION OF ACTIVITIES.—Paragraph (1) shall not 

apply to any person to the extent such person is engaged in the 

offering or provision of any consumer financial product or service, or is otherwise subject to any enumerated consumer law or 

any law for which authorities are transferred under subtitle F 

or H. 

(i) EXCLUSION FOR PERSONS REGULATED BY THE COMMISSION.— 

(1) IN GENERAL.—No provision of this title may be construed 

as altering, amending, or affecting the authority of the Commission to adopt rules, initiate enforcement proceedings, or 

take any other action with respect to a person regulated by the 

Commission. The Bureau shall have no authority to exercise 

any power to enforce this title with respect to a person regulated by the Commission. 

(2) CONSULTATION AND COORDINATION.—Notwithstanding 

paragraph (1), the Commission shall consult and coordinate, 

where feasible, with the Bureau with respect to any rule (including any advance notice of proposed rulemaking) regarding 

an investment product or service that is the same type of product as, or that competes directly with, a consumer financial 

product or service that is subject to the jurisdiction of the Bureau under this title or under any other law. In carrying out 

this paragraph, the agencies shall negotiate an agreement to 

establish procedures for such coordination, including procedures for providing advance notice to the Bureau when the 

Commission is initiating a rulemaking. 

(j) EXCLUSION FOR PERSONS REGULATED BY THE COMMODITY FU- TURES TRADING COMMISSION.— (1) IN GENERAL.—No provision of this title shall be construed 

as altering, amending, or affecting the authority of the Commodity Futures Trading Commission to adopt rules, initiate 

enforcement proceedings, or take any other action with respect 

to a person regulated by the Commodity Futures Trading ComVerDate Sep 11 2014 04:12 Aug 08, 2018 Jkt 079006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6601 E:\HR\OC\HR892.XXX HR892
19 

mission. The Bureau shall have no authority to exercise any 

power to enforce this title with respect to a person regulated 

by the Commodity Futures Trading Commission. 

(2) CONSULTATION AND COORDINATION.—Notwithstanding 

paragraph (1), the Commodity Futures Trading Commission 

shall consult and coordinate with the Bureau with respect to 

any rule (including any advance notice of proposed rulemaking) 

regarding a product or service that is the same type of product 

as, or that competes directly with, a consumer financial product or service that is subject to the jurisdiction of the Bureau 

under this title or under any other law. 

(k) EXCLUSION FOR PERSONS REGULATED BY THE FARM CREDIT

ADMINISTRATION.— 

(1) IN GENERAL.—No provision of this title shall be construed 

as altering, amending, or affecting the authority of the Farm 

Credit Administration to adopt rules, initiate enforcement proceedings, or take any other action with respect to a person regulated by the Farm Credit Administration. The Bureau shall 

have no authority to exercise any power to enforce this title 

with respect to a person regulated by the Farm Credit Administration. 

(2) DEFINITION.—For purposes of this subsection, the term 

‘‘person regulated by the Farm Credit Administration’’ means 

any Farm Credit System institution that is chartered and subject to the provisions of the Farm Credit Act of 1971 (12 U.S.C. 

2001 et seq.). 

(l) EXCLUSION FOR ACTIVITIES RELATING TO CHARITABLE CON- TRIBUTIONS.— (1) IN GENERAL.—The Director and the Bureau may not exercise any rulemaking, supervisory, enforcement, or other authority, including authority to order penalties, over any activities related to the solicitation or making of voluntary contributions to a tax-exempt organization as recognized by the Internal Revenue Service, by any agent, volunteer, or representative 

of such organizations to the extent the organization, agent, volunteer, or representative thereof is soliciting or providing advice, information, education, or instruction to any donor or potential donor relating to a contribution to the organization. 

(2) LIMITATION.—The exclusion in paragraph (1) does not 

apply to other activities not described in paragraph (1) that are 

the offering or provision of any consumer financial product or 

service, or are otherwise subject to any enumerated consumer 

law or any law for which authorities are transferred under 

subtitle F or H. 

(m) INSURANCE.—The Bureau may not define as a financial product or service, by regulation or otherwise, engaging in the business 

of insurance. 

(n) LIMITED AUTHORITY OF THE BUREAU.—Notwithstanding subsections (a) through (h) and (l), a person subject to or described in 

one or more of such provisions— 

(1) may be a service provider; and 

(2) may be subject to requests from, or requirements imposed 

by, the Bureau regarding information in order to carry out the 

responsibilities and functions of the Bureau and in accordance 

with section 1022, 1052, or 1053. 

20 

(o) NO AUTHORITY TO IMPOSE USURY LIMIT.—No provision of this 

title shall be construed as conferring authority on the Bureau to establish a usury limit applicable to an extension of credit offered or 

made by a covered person to a consumer, unless explicitly authorized by law. 

(p) ATTORNEY GENERAL.—No provision of this title, including section 1024(c)(1), shall affect the authorities of the Attorney General 

under otherwise applicable provisions of law. 

(q) SECRETARY OF THE TREASURY.—No provision of this title shall 

affect the authorities of the Secretary, including with respect to 

prescribing rules, initiating enforcement proceedings, or taking 

other actions with respect to a person that performs income tax 

preparation activities for consumers. 

(r) DEPOSIT INSURANCE AND SHARE INSURANCE.—Nothing in this 

title shall affect the authority of the Corporation under the Federal 

Deposit Insurance Act or the National Credit Union Administration 

Board under the Federal Credit Union Act as to matters related to 

deposit insurance and share insurance, respectively. 

(s) FAIR HOUSING ACT.—No provision of this title shall be construed as affecting any authority arising under the Fair Housing 

Act. 

* * * * * * * 

(21) 

1 15 U.S.C. § 1692. 

2 H.R. Rep. No. 405, 99th Cong. 2d Sess. 3–6, reprinted in 1986 U.S. Code Cong & Ad. News 

1752, 1753–57. ‘‘The purpose of the amendment was . . . to close a significant loophole, whereby 

attorneys engaging in traditional debt collection activities were able to avoid the FDCPA’s precepts merely by virtue of the fact that they had, at some point, obtained a law degree.’’ Firemen’s Ins. Co v. Keating, 753 F. Supp. 1137, 1142 (S.D.N.Y. 1990). 3 Id. 

4 Id. 

MINORITY VIEWS 

H.R. 5082 exempts attorneys and law firms engaged in litigation 

from the Fair Debt Collection Practices Act (FDCPA) and eliminates the Consumer Financial Protection Bureau’s (Consumer Bureau) authority over attorneys and law firms engaged in debt collection activities. These changes would allow unscrupulous attorneys, law firms, and their employees to abuse the FDCPA, and reopen a consumer protection loophole that Congress previously 

closed. 

In 1977, Congress passed the FDCPA ‘‘to eliminate abusive debt 

collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are 

not competitively disadvantaged, and to promote consistent State 

action to protect consumers against debt collection abuses.’’ 1 The 

FDCPA defines a ‘‘debt collector’’ as a person who ‘‘regularly collects or attempts to collect, directly or indirectly, [consumer] debts 

owed or due or asserted to be owed or due another.’’ When the 

FDCPA was enacted, attorneys collecting debts on behalf of clients 

were exempted from the definition of ‘‘debt collector.’’ However, in 

1986 Congress reversed course and took the necessary step of 

amending the FDCPA to remove the attorney exemption to ‘‘close 

a significant loophole.’’ 2 Congress found that attorneys were taking 

advantage of their exemption to enter the debt collection industry 

at a drastic rate, which resulted in consumers being harmed.3 Congress also found that ‘‘attorneys, no less than lay [debt] collectors, 

can make errors in cases’’ and ‘‘consumers should not be stripped 

of an important protection solely because the collector happens to 

have a law degree.’’ 4

Proponents of H.R. 4082 argue that because attorneys are regulated by state bar associations, they would already face consequences if they participated in illegal or unethical practices. 

However, H.R. 5082’s exemptions extend not only to attorneys, but 

to law firms and their employees. Congress is well aware of what 

happens when, in spite of state bar oversight, law firms choose 

focus on profits and not accuracy or justice. We only need to look 

back at the foreclosure mills that emerged during the 2007–2009 

Financial Crisis, with non-attorney law firm employees ‘‘robo-signing’’ and rubber-stamping banks’ foreclosure paperwork, which led 

to families being thrown out of their homes. By exempting law 

firms and their employees from the definition of a ‘‘debt collector’’ 

22 

5 12 U.S.C. § 5493. 

in the FDCPA, this bill would re-open the dangerous loophole that 

Congress rightfully closed in 1986. 

H.R. 5082 also removes the Consumer Bureau’s authority over 

law firms and attorneys engaged in debt collection, but the Consumer Bureau’s enforcement actions against debt collection law 

firms demonstrate why law firms and attorneys should not be 

broadly exempted from the agency’s oversight. As mandated by the 

Dodd-Frank Wall Street Reform and Consumer Protection Act, the 

Consumer Bureau collects and monitors consumer complaints regarding consumer financial products or services.5 Since the Consumer Bureau began collecting this consumer complaint data, debt 

collection has continually topped the list of categories receiving 

complaints, with over 250,000 consumers reporting issues with 

debt collection to date. The Consumer Bureau has also advanced 

several enforcement actions against law firms engaged in predatory 

debt collection practices, and secured millions of dollars in remedies for victims who were affected. Removing the Consumer Bureau’s oversight in this space would undoubtedly harm the millions 

of consumers who rely on the Bureau’s enforcement for relief. 

For these reasons, we oppose H.R. 5082. 

MAXINE WATERS. 

MICHAEL E. CAPUANO. 

AL GREEN. 

CAROLYN B. MALONEY. 

NYDIA M. VELA ́ ZQUEZ. 

GREGORY W. MEEKS. 

Æ