[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1424 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1424

To amend the Telemarketing and Consumer Fraud and Abuse Prevention Act 
to direct the Federal Trade Commission to prescribe rules that prohibit 
  certain deceptive and abusive recovery practices in connection with 
                             telemarketing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

   Mr. Baca introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Telemarketing and Consumer Fraud and Abuse Prevention Act 
to direct the Federal Trade Commission to prescribe rules that prohibit 
  certain deceptive and abusive recovery practices in connection with 
                             telemarketing.

    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 ``Deceptive and Abusive Recovery 
Practices in Telemarketing Prevention Act''.

SEC. 2. RULES PROHIBITING CERTAIN DECEPTIVE AND ABUSIVE RECOVERY 
              PRACTICES IN CONNECTION WITH TELEMARKETING.

    (a) In General.--Section 3(a) of the Telemarketing and Consumer 
Fraud and Abuse Prevention Act (15 U.S.C. 6102(a)) is amended by adding 
at the end the following:
            ``(4) Rules prohibiting certain deceptive and abusive 
        recovery practices.--(A) The Commission shall prescribe under 
        this section rules that prohibit requesting or receiving 
        payment of any fee or consideration to--
                    ``(i) obtain, or assist in obtaining, any good or 
                service for which money or any item of value was paid 
                by a person in a previous telemarketing transaction; or
                    ``(ii) recover, or assist in recovering, money or 
                any other item of value paid by a person in a previous 
                telemarketing transaction;
        until 7 business days after the date the good or service, or 
        money or other item, respectively, is delivered to the person.
            ``(B) Rules prescribed under subparagraph (A) shall not 
        apply to the request or receipt of payment by an attorney 
        specifically retained to provide services described in 
        subparagraph (A) (i) or (ii).''.
    (b) Deadline.--The Federal Trade Commission shall prescribe rules 
under the amendment made by subsection (a) by not later than 90 days 
after the date of the enactment of this Act.
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