I 
112TH CONGRESS 
2D SESSION 
H. R. 5794 
To amend the Fair Debt Collection Practices Act to exempt a debt collector 
from liability when leaving certain voice mail messages for a consumer 
with respect to a debt as long as the debt collector follows regulations 
prescribed by the Bureau of Consumer Financial Protection on the appro-
priate manner in which to leave such a message, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 17, 2012 
Mr. FRANK of Massachusetts introduced the following bill; which was referred 
to the Committee on Financial Services 
A BILL 
To amend the Fair Debt Collection Practices Act to exempt 
a debt collector from liability when leaving certain voice 
mail messages for a consumer with respect to a debt 
as long as the debt collector follows regulations pre-
scribed by the Bureau of Consumer Financial Protection 
on the appropriate manner in which to leave such a 
message, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Debt Collection 
Practices Clarification Act of 2012’’. 
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SEC. 2. EXEMPTION FROM LIABILITY. 
Subsection (e) of section 813 of the Fair Debt Collec-
tion Practices Act (15 U.S.C. 1692k) is amended to read 
as follows: 
‘‘(e) No provision of this section imposing liability 
shall apply to any act done or omitted in good faith in 
conformity with any rule, regulation, interpretation, or ad-
visory opinion of the Bureau or in conformity with any 
interpretation or approval by an official or employee of 
the Bureau duly authorized by the Bureau to issue such 
interpretations or approvals under procedures prescribed 
by the Bureau, notwithstanding that after such act or 
omission has occurred, such rule, regulation, interpreta-
tion, or advisory opinion, is amended, rescinded, or deter-
mined by judicial or other authority to be invalid for any 
reason. Nothing in the previous sentence shall be con-
strued as providing an exemption from liability based on 
any rule, regulation, interpretation, advisory opinion, or 
approval made by any entity other than the Bureau or 
an official or employee of the Bureau.’’. 
SEC. 3. AUTHORITY TO LEAVE MESSAGES FOR A CON-
SUMER WHILE PROTECTING CONSUMER PRI-
VACY. 
Section 805 of the Fair Debt Collection Practices Act 
(15 U.S.C. 1692c) is amended— 
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(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) AUTHORITY TO LEAVE MESSAGES FOR A CON-
SUMER.— 
‘‘(1) IN GENERAL.—A debt collector may leave 
messages for a consumer in connection with the col-
lection of a debt on the consumer’s answering ma-
chine, voice messaging system, or other similar de-
vice, including in an initial communication with the 
consumer, so long as the message complies with reg-
ulations prescribed by the Bureau to ensure the 
preservation of the privacy and other rights granted 
to the consumer, including the restrictions on com-
munications with third parties under subsection (b). 
‘‘(2) RULEMAKING.—Not later than the end of 
the 6-month period beginning on the date of the en-
actment of this subsection, the Bureau shall pre-
scribe regulations to carry out paragraph (1). Such 
regulations shall— 
‘‘(A) specify the content or text of a per-
missible message allowed under paragraph (1); 
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‘‘(B) provide that a consumer has a right 
to cease further communication with a debt col-
lector; and 
‘‘(C) include any other such matters as the 
Bureau determines appropriate to carry out this 
subsection.’’. 
(3) EFFECTIVE DATE.—Paragraph (1) of sec-
tion 805(d) of the Fair Debt Collection Practices 
Act shall take effect on the date that regulations are 
issued pursuant to paragraph (2) of such section 
805(d). 
SEC. 4. LIMITATION ON ARBITRATION. 
Section 811 of the Fair Debt Collection Practices Act 
(15 U.S.C. 1692i) is amended by adding at the end the 
following: 
‘‘(c) LIMITATION ON ARBITRATION.—No person serv-
ing as a debt collector with respect to a particular debt 
may initiate a legal action on that debt in an arbitration 
setting, or require the consumer to resolve any collection- 
related dispute on such a debt by means of arbitration, 
unless the consumer has agreed, in writing, with that debt 
collection, after collections activities are initiated and a 
legal action or dispute arises, to resolve such legal action 
or dispute by arbitration.’’. 
Æ 
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