Ending Debt Collection Harassment Act of 2021
Bill: H.R.1657 | Sponsor: Rep. Pressley, Ayanna (D-MA)
Policy area: Finance and Financial Sector

Summary:
Ending Debt Collection Harassment Act of 2021
This bill prohibits a debt collector from sending electronic communications to a consumer without the consumer's consent. The Consumer Financial Protection Bureau (CFPB) may not issue rules that allow a debt collector to send unlimited electronic communications. Additionally, the CFPB must report on consumer complaints about electronic communications and enforcement actions taken against debt collectors.

To amend the Consumer Financial Protection Act of 2010 and the Fair 
Debt Collection Practices Act to improve consumer protections relating 
         to debt collection practices, 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 ``Ending Debt Collection Harassment 
Act of 2021''.

SEC. 2. CONSUMER PROTECTIONS RELATING TO DEBT COLLECTION PRACTICES.

    (a) Reports on Debt Collection Complaints and Enforcement 
Actions.--
            (1) Semi-annual report.--Section 1016(c) of the Consumer 
        Financial Protection Act of 2010 (12 U.S.C. 5496(c)) is 
        amended--
                    (A) in paragraph (8), by striking ``and'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(10) an analysis of the consumer complaints received by 
        the Bureau with respect to debt collection, including a State-
        by-State breakdown of such complaints; and
            ``(11) a list of enforcement actions taken against debt 
        collectors during the preceding year.''.
            (2) Annual report.--Section 815(a) of the Fair Debt 
        Collection Practices Act (15 U.S.C. 1692m(a)) is amended by 
        adding at the end the following new sentence: ``Each such 
        report shall also include an analysis of the impact of 
        electronic communications by debt collectors on consumer 
        experiences with debt collection, including a consideration of 
        consumer complaints about the use of electronic communications 
        in debt collection.''.
    (b) Limitation on Debt Collection Rules.--Section 1022 of the 
Consumer Financial Protection Act of 2010 (12 U.S.C. 5512) is amended 
by adding at the end the following:
    ``(e) Limitation on Debt Collection Rules.--The Director may not 
issue any rule with respect to debt collection that allows a debt 
collector to send unlimited email and text messages to a consumer.''.
    (c) Protection of Consumers From Unlimited Texts and Emails Used in 
Debt Collection.--Section 806 of the Fair Debt Collection Practices Act 
(15 U.S.C. 1692d) is amended by adding at the end the following new 
paragraph:
            ``(7) Contacting the consumer electronically, including by 
        email or text message, without consent of the consumer, after 
        such consent has been withdrawn, or more frequently than the 
        consumer consents to be contacted.''.
    (d) Ensuring Consumers Receive Notice of Debt Collection 
Protections.--Section 809(a) of the Fair Debt Collection Practices Act 
(15 U.S.C. 1692g(a)) is amended in the matter preceding paragraph (1) 
by striking ``Within five days'' and all that follows through ``debt,'' 
and inserting the following: ``Notice of Debt; Contents.--Within five 
days after the initial communication with a consumer in connection with 
the collection of any debt,''.
    (e) Limitations on Debt Collection Rules.--Section 814(d) of the 
Fair Debt Collection Practices Act (15 U.S.C. 1692l(d)) is amended by 
adding at the end the following: ``Such rules--
            ``(1) may not allow a debt collector to send unlimited 
        electronic communications to a consumer;
            ``(2) shall require debt collectors to obtain consent 
        directly from consumers before contacting them using a method 
        other than by postal mail or by phone;
            ``(3) may not waive the requirements of the Electronic 
        Signatures in Global and National Commerce Act (15 U.S.C. 7001 
        et seq.); and
            ``(4) shall allow consumers to opt out of any method of 
        communication that the debt collector uses to communicate with 
        consumers, including a method for which such consumer had given 
        prior consent.''.
                                 <all>