116 HR 5013 IH: Small Business Fair Debt Collection Protection Act U.S. House of Representatives 2019-11-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5013IN THE HOUSE OF REPRESENTATIVESNovember 8, 2019Mr. Lawson of Florida introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo 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.