Stop Debt Collection Abuse Act of 2015

Bill: 114-s-2255
Sponsor: full_name: Sen. Booker, Cory A. [D-NJ]
Introduced: 2015-11-05
Policy area: Finance and Financial Sector
Subjects: Congressional oversight

Debt collection

Government lending and loan guarantees

Government studies and investigations

State and local government operations

User charges and fees
Latest action: action_date: 2015-11-05
text: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Summaries:
action_date: 2015-11-05
action_desc: Introduced in Senate
text: <p><b>Stop Debt Collection Abuse Act of 2015</b></p> <p>This bill amends the Fair Debt Collection Practices Act to redefine: (1) "debt" to include any obligation or alleged obligation of a consumer to pay a loan, an overpayment, a fine, penalty, a fee, or other money to a federal agency and that is at least 180 days past due; and (2) "debt collector" to include any person who regularly collects debts owed or allegedly owed to a federal agency. </p> <p>A federal agency that is a creditor may sell or transfer a debt to a debt collector beginning 180 days after the obligation or alleged obligation arises. </p> <p>The Act is further amended by making the collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) an unfair practice unless:</p> <ul> <li>the amount is expressly authorized by the agreement creating the debt or permitted by law (as under current law); or</li> <li>in the case of a debt owed a federal agency, the collection charge is reasonable in relation to actual collection costs, is authorized by a contract between the debt collector and the federal agency, and does not exceed 10% of the amount the debt collector collects. </li> </ul> <p>The Government Accountability Office must study the use of debt collectors by state and local government agencies. </p>

tv_txt: II 114th CONGRESS 1st Session S. 2255 IN THE SENATE OF THE UNITED STATES November 5, 2015 Mr. Booker (for himself and Mr. Lee ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Fair Debt Collection Practices Act to restrict the debt collection practices of certain debt collectors.

1. Short title This Act may be cited as the Stop Debt Collection Abuse Act of 2015 . 2. Definitions Section 803 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692a ) is amended by striking paragraphs (5) and (6) and inserting the following: (5) The term debt means— (A) 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; or (B) any obligation or alleged obligation of a consumer— (i) to pay a loan, an overpayment, a fine, penalty, a fee, or other money to a Federal agency; and (ii) that is not less than 180 days past due. (6) The term debt collector means any person who— (A) uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts; (B) regularly collects or attempts to collect, directly or indirectly, by its own means or by hiring another debt collector, debts owed or due or asserted to be owed or due another or that have been purchased from another; or (C) regularly collects debts owed or allegedly owed to a Federal agency. . 3. Debt collection practices for debt collectors hired by government agencies The Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ) is amended by inserting after section 812 ( 15 U.S.C. 1692j ) the following: 812A. Debt collection practices for debt collectors hired by Federal agencies (a) Limitation on time To turn debt over to debt collector A Federal agency that is a creditor may sell or transfer a debt described in section 803(5)(B) to a debt collector not earlier than 180 days after the date on which the obligation or alleged obligation arises. (b) Required notice (1) In general Before transferring or selling a debt described in section 803(5)(B) to a debt collector or contracting with a debt collector to collect such a debt, a Federal agency shall notify the consumer not fewer than 3 times that the Federal agency will take such action. (2) Frequency of notifications The second and third notifications described in paragraph (1) shall be made not less than 30 days after the date on which the previous notification is made. . 4. Unfair practices Section 808 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692f ) is amended by striking paragraph (1) and inserting the following: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless— (A) such amount is expressly authorized by the agreement creating the debt or permitted by law; or (B) in the case of any amount charged by a debt collector collecting a debt for a Federal agency, such amount is— (i) reasonable in relation to the actual costs of the collection; (ii) authorized by a contract between the debt collector and the Federal agency; and (iii) not greater than 10 percent of the amount collected by the debt collector. . 5. GAO study and report (a) Study Not later than 30 days after the date of enactment of this Act, the Comptroller General of the United States shall commence a study on the use of debt collectors by State and local government agencies, including— (1) the powers given to the debt collectors by State and local government agencies; (2) the contracting process that allows a State or local government agency to award debt collection to a certain company, including the selection process; (3) any fees charged to debtors in addition to principal and interest on the outstanding debt; (4) how the fees described in paragraph (3) vary from State to State; (5) consumer protection at the State level that offer recourse to those whom debts have been wrongfully attributed; (6) the revenues received by debt collectors from State and local government agencies; (7) the amount of any revenue sharing agreements between debt collectors and State and local government agencies; (8) the difference in debt collection procedures across geographic regions, including the extent to which debt collectors pursue court judgments to collect debts; and (9) any legal immunity or other protections given to the debt collectors hired by State and local government agencies, including whether the debt collectors are subject to the Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ). (b) Report Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the completed study required under subsection (a).