Bill to Amend FDCPA for Attorneys Introduced in U.S. House
In the week between Christmas and New Year’s Day, a bill was introduced in the U.S. House of Representatives that aims to amend the Fair Debt Collection Practices Act (FDCPA) to exclude attorneys from the definition of a debt collector “when taking certain actions.”
But due to the timing of the introduction, the bill will not be heard in the current Congress and will need to be re-introduced in the next session, due to begin Thursday.
North Carolina Republican Walter Jones, Jr. filed H.R.6706 — the Fair Debt Collection Practices Technical Correction Act of 2012 – on December 27, 2012. The bill’s stated purpose is “to amend the Fair Debt Collection Practices Act to preclude law firms and licensed attorneys from the definition of a debt collector when taking certain actions.”
Specifically, the bill would insert an additional exemption to the definition of “debt collector.” The new language is as follows:
…The term (debt collector) does not include –
(F) any law firm or licensed attorney–
(i) serving, filing, or conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable rules of civil procedure; or
(ii) communicating in, or at the direction of, a court of law or in depositions or settlement conferences, in connection with a pending legal action to collect a debt on behalf of a client; and…
The new language is to be added to the section of the FDCPA that already exempts creditors, government employees, and others.
Interesting. This new language would affect this case:
SIKES v. MEL HARRIS & ASSOCIATES | NY Certifies Class Action – “Sewer Service” “RICO” “FDCPA” “Fraudulently obtain default judgments against more than 100,000″ http://shar.es/4y9b4