IB 

Union Calendar No. 690 

115TH CONGRESS 

2D SESSION H. R. 5082 

[Report No. 115–892] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 23, 2018 

Mr. MOONEY of West Virginia (for himself and Mr. GONZALEZ of Texas) introduced the following bill; which was referred to the Committee on Financial Services 

AUGUST 7, 2018 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


pamtmann on DSKBFK8HB2PROD with BILLS
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•HR 5082 RH

A BILL 

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. 


pamtmann on DSKBFK8HB2PROD with BILLS
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•HR 5082 RH

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 ‘‘Practice of Law Tech5 nical Clarification Act of 2018’’. 

6 SEC. 2. EXCLUSION OF LAW FIRMS AND ATTORNEYS FROM 

7 THE DEFINITION OF DEBT COLLECTOR WHEN 

8 ENGAGED IN THE PRACTICE OF LAW. 

9 Section 803(6) of the Fair Debt Collection Practices 

10 Act (15 U.S.C. 1692a(6)) is amended— 

11 (1) by redesignating subparagraph (F) as sub12 paragraph (G); and 

13 (2) by inserting after subparagraph (E) the fol14 lowing: 

15 ‘‘(F) any law firm or licensed attorney, to 

16 the extent that— 

17 ‘‘(i) such firm or attorney is engaged 

18 in litigation activities in connection with a 

19 legal action in a court of law to collect a 

20 debt on behalf of a client, including— 

21 ‘‘(I) serving, filing, or conveying 

22 formal legal pleadings, discovery re23 quests, or other documents pursuant 

24 to the applicable statute or rules of 

25 civil procedure; 


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•HR 5082 RH

1 ‘‘(II) communicating in, or at the 

2 direction of, a court of law (including 

3 in depositions or settlement con4 ferences) or in the enforcement of a 

5 judgment; or 

6 ‘‘(III) any other activities en7 gaged in as part of the practice of 

8 law, under the laws of a State in 

9 which the attorney is licensed, that re10 late to the legal action; and 

11 ‘‘(ii) such legal action is served on the 

12 defendant debtor, or service is attempted, 

13 in accordance with the applicable statute 

14 or rules of civil procedure; and’’. 

15 SEC. 3. AMENDMENT TO BUREAU AUTHORITY WITH RE16 SPECT TO PRACTICE OF LAW. 

17 Section 1027(e)(2)(B) of the Consumer Financial 

18 Protection Act of 2010 (12 U.S.C. 5517(e)(2)(B)) is 

19 amended by striking the period at the end and inserting 

20 ‘‘, unless such financial product or service is provided by 

21 a licensed attorney who is not a debt collector as described 

22 under section 803(6)(F) of the Fair Debt Collection Prac23 tices Act.’’. 


pamtmann on DSKBFK8HB2PROD with BILLS

pamtmann on DSKBFK8HB2PROD with BILLS
Union Calendar No. 690 

115TH CONGRESS 

2D SESSION H. R. 5082 

[Report No. 115–892] 

A BILL 

To amend the Fair Debt Collection Practices Act to 

proceedings, and for other purposes. when undertaking certain actions related to legal forcement authority with respect to attorneys Protection from exercising supervisory or ento prevent the Bureau of Consumer Financial the Consumer Financial Protection Act of 2010 from the definition of a debt collector, to amend engaged in activities related to legal proceedings exclude law firms and licensed attorneys who are 

AUGUST 7, 2018 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBFK8HB2PROD with BILLS