Small Business Fair Debt Collection Protection Act

Bill: 116-hr-5013
Sponsor: full_name: Rep. Lawson, Al, Jr. [D-FL-5]
Introduced: 2019-11-08
Policy area: Finance and Financial Sector
Subjects: Administrative law and regulatory procedures

Consumer Financial Protection Bureau

Consumer credit

Debt collection

Small business
Latest action: action_date: 2020-12-16
text: Placed on the Union Calendar, Calendar No. 540.

Summaries:
action_date: 2019-11-08
action_desc: Introduced in House
text: <p><b>Small Business Fair Debt Collection Protection Act </b></p> <p>This bill applies consumer debt collection protections to small businesses, including protections regarding debt collection methods and third-party debt collection. </p>

action_date: 2020-12-16
action_desc: Reported to House
text: <p><b>Small Business Fair Debt Collection Protection Act </b></p> <p>This bill applies consumer debt collection protections to small businesses, including protections regarding debt collection methods and third-party debt collection. </p>

tv_txt: I 116th CONGRESS 1st Session H. R. 5013 IN THE HOUSE OF REPRESENTATIVES November 8, 2019 Mr. Lawson of Florida introduced the following bill; which was referred to the Committee on Financial Services A BILL To apply the Fair Debt Collection Practices Act to small businesses to the same extent as such Act applies to consumers, to require the Director of the Bureau of Consumer Financial Protection to define small business for purposes of such Act, and for other purposes.

1. Short title This Act may be cited as the Small Business Fair Debt Collection Protection Act . 2. Fair debt collection practices for loans to small businesses (a) In general The Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq.) is amended— (1) in section 803, by amending paragraph (5) to read as follows: (5) The term debt means any obligation or alleged obligation to pay money arising out of a transaction, whether or not such obligation has been reduced to judgment. ; (2) by redesignating section 819 as section 820; and (3) by inserting after section 818 the following: 819. Application to small businesses (a) In general This Act shall apply to small businesses to the same extent as this Act applies to consumers. (b) Small business defined The Director of the Bureau, in consultation with the Administrator of the Small Business Administration, shall issue a rule to define the term small business for purposes of this section. . (b) Clerical amendment The table of contents for the Fair Debt Collection Practices Act is amended by striking the item relating to section 819 and inserting the following: 819. Application to small businesses. 820. Effective date. . (c) Prohibition on harassment or abuse Section 806(3) of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692d ) is amended— (1) by striking consumers who and inserting consumers or small businesses that ; and (2) by inserting , to a commercial credit bureau, after consumer reporting agency .

tv_txt: IB Union Calendar No. 540 116th CONGRESS 2d Session H. R. 5013 [Report No. 116–656] IN THE HOUSE OF REPRESENTATIVES November 8, 2019 Mr. Lawson of Florida introduced the following bill; which was referred to the Committee on Financial Services December 16, 2020 Additional sponsor: Mr. Cleaver December 16, 2020 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on November 8, 2019 A BILL To apply the Fair Debt Collection Practices Act to small businesses to the same extent as such Act applies to consumers, to require the Director of the Bureau of Consumer Financial Protection to define small business for purposes of such Act, and for other purposes.

1. Short title This Act may be cited as the Small Business Fair Debt Collection Protection Act . 2. Fair debt collection practices for loans to small businesses (a) In general The Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq.) is amended— (1) in section 803— (A) by amending paragraph (5) to read as follows: (5) The term debt means any obligation or alleged obligation to pay money arising out of a transaction, whether or not such obligation has been reduced to judgment. ; and (B) by adding at the end the following new paragraph: (9) The term commercial credit bureau means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating commercial credit information or other information on businesses for the purpose of furnishing credit reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing credit reports. ; (2) by redesignating section 819 as section 820; and (3) by inserting after section 818 the following: 819. Application to small business debt (a) In general This Act shall apply to small business debt to the same extent as this Act applies to debt of consumers. (b) Small business debt defined The term small business debt — (1) means any non-equity obligation or alleged obligation of a partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity that is less than $5,000,000; and (2) does not include any obligation or alleged obligation— (A) of an individual; or (B) that is primarily for personal, family, or household purposes. . (b) Clerical amendment The table of contents for the Fair Debt Collection Practices Act is amended by striking the item relating to section 819 and inserting the following: 819. Application to small business debt. 820. Effective date. . (c) Conforming amendments The Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq.) is amended— (1) in section 805(b), by inserting or a commercial credit bureau (as applicable) after consumer reporting agency ; (2) in section 806(3)— (A) by striking consumers who and inserting consumers or small businesses that ; and (B) by inserting or to a commercial credit bureau (as applicable), after consumer reporting agency ; and (3) in section 807(16), by inserting or a commercial credit bureau after this Act .

Amend the title so as to read: A bill to apply the Fair Debt Collection Practices Act to small business debt to the same extent as such Act applies to consumers, and for other purposes. .

December 16, 2020 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed