[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1711 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1711

  To improve the administration of the Fair Debt Collection Practices 
                                  Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 1995

  Mr. Bachus introduced the following bill; which was referred to the 
              Committee on Banking and Financial Services

_______________________________________________________________________

                                 A BILL


 
  To improve the administration of the Fair Debt Collection Practices 
                                  Act.
    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 ``Fair Debt Collection Practices 
Amendments of 1995''.

SEC. 2. AMENDMENTS TO FAIR DEBT COLLECTION PRACTICES ACT.

    (a) Disclosure of Purpose of Communication.--Section 807(11) of the 
Fair Debt Collection Practices Act (15 U.S.C. 1692e(11)) is amended by 
striking ``in all communications made to collect a debt'' and inserting 
``in the initial written communication with a consumer to collect a 
debt''.
    (b) Notice of Assumption of Validity of Debt.--Section 809(a)(3) of 
the Fair Debt Collection Practices Act (15 U.S.C. 1692g(a)(3)) is 
amended--
            (1) by inserting ``appearing in type at least as large as 
        8-point type'' after ``statement'';
            (2) by striking ``disputes'' and inserting ``notifies the 
        debt collector in writing that''; and
            (3) by inserting ``is disputed,'' after ``any portion 
        thereof,''.
    (c) Collection During 30-Day Period.--Section 809 of the Fair Debt 
Collection Practices Act (15 U.S.C. 1692g) is amended by adding at the 
end the following new subsection:
    ``(d) Collection Attempts During 30-Day Period.--Except as provided 
in subsection (b), a debt collector may attempt to collect a debt 
during the 30-day period described in subsection (a) and may demand 
that payment be made during such period.''.
    (d) Relation to State Law.--Section 816 of the Fair Debt Collection 
Practices Act (15 U.S.C. 1692n) is amended--
            (1) by striking ``This title'' and inserting ``(a) In 
        General.--This title''; and
            (2) by adding at the end the following new subsections:
    ``(b) No Remedy Under This Title for State Law Violations.--This 
title shall not be construed as providing a remedy for any violation of 
the law of any State with respect to debt collection practices.
    ``(c) No Liability Under This Title for State Law Violations.--This 
title shall not be construed as establishing any liability or penalty 
for a violation of the law of any State unless the conduct which 
constitutes a violation of the law of such State also constitutes a 
violation of any requirement of this title or regulations prescribed 
pursuant to this title.''.
    (e) Acquisition of Information.--Section 804 of the Fair Debt 
Collection Practices Act (15 U.S.C. 1692b) is amended--
            (1) by striking ``Any debt collector'' and inserting ``(a) 
        In General.--Any debt collector''; and
            (2) by adding at the end the following new subsection:
    ``(b) Communication With Persons Other Than Attorneys for Certain 
Purposes.--Notwithstanding subsection (a)(6), a debt collector who 
knows the consumer is represented by an attorney may communicate with 
any person other than such attorney for purposes of obtaining location, 
income, asset, or credit information about the consumer if the attorney 
refuses to provide such information to the debt collector and the debt 
collector has otherwise complied with subsection (a)(6).''.
    (f) Safe Harbor for Unintentional Violations Resulting From Use of 
Approved Forms.--Section 813(c) of the Fair Debt Collection Practices 
Act (15 U.S.C. 1692k(c)) is amended by inserting before the period at 
the end ``or resulted from the use of a form of written communication 
which was approved by any State or Federal agency which regulates debt 
collectors''.
    (g) Exemption of Federal or State Employees Limited to Collection 
in the Course of Employment.--Section 803(6) of the Fair Debt 
Collection Practices Act (15 U.S.C. 1692a(6)) is amended by inserting 
``while acting as a debt collector for debt owed to the United States 
or such State,'' after ``officer or employee of the United States or 
any State.''.
    (h) ``Reasonable Person'' Standard.--Section 813 of the Fair Debt 
Collection Practices Act (15 U.S.C. 1692k) is amended by adding at the 
end the following new subsection:
    ``(f) `Reasonable Person' Standard.--In making a determination as 
to whether or not a debt collector has failed to comply with any 
provision of this title with respect to any person, the court shall 
consider the effect of any act or omission of the debt collector upon a 
reasonable person.''.
                                 <all>