[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3066 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3066

    To amend the Fair Debt Collection Practices Act to make certain 
             technical corrections, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 2003

 Mr. Garrett of New Jersey (for himself, Mr. Andrews, Mrs. Kelly, Mr. 
Murphy, Mr. Bereuter, Mr. Boyd, Mr. Ramstad, Mr. Moore, Mr. Carter, Mr. 
McCotter, Mr. Feeney, Ms. Ginny Brown-Waite of Florida, Mr. Hensarling, 
and Ms. Hart) introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
    To amend the Fair Debt Collection Practices Act to make certain 
             technical corrections, and for other purposes.

    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 ``Clarifications to the Fair Debt 
Collection Practices Act''.

SEC. 2. ELIMINATING REQUIREMENT FOR THE ``VALIDATION NOTICE'' IN FORMAL 
              PLEADINGS.

    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) Formal Pleadings Excluded.--Communications which are formal 
pleadings in a civil action shall not be considered communications for 
purposes of this title.''

SEC. 3. CODIFICATION OF THE CONSUMER VALIDATION NOTICE.

    Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. 
1692g) is amended--
            (1) in the portion of subsection (a) that precedes 
        paragraph (1), by inserting ``a written notice described in 
        subsection (e) or'' before ``a written notice''; and
            (2) by inserting after subsection (d) (as added by section 
        2 of this Act) the following new subsection:
    ``(e) Alternative Version of Notice.--A notice is described in this 
subsection for purposes of subsection (a) if the notice contains--
            ``(1) the amount of the debt;
            ``(2) the name of the creditor to whom the debt is owed; 
        and
            ``(3) a statement containing the following: `Unless you 
        notify this office within 30 days after receiving this notice 
        that you dispute the validity of this debt or any portion 
        thereof, this office will assume this debt is valid. If you 
        notify this office in writing within 30 days from receiving 
        this notice that you dispute the validity of this debt or any 
        portion thereof, this office will obtain verification of the 
        debt or obtain a copy of a judgment and provide you with a copy 
        of such judgment or verification. If you request of this office 
        in writing within 30 days after receiving this notice this 
        office will provide you with the name and address of the 
        original creditor, if different from the current creditor.'''.

SEC. 4. CLARIFYING RIGHT TO COLLECT WITHIN THE FIRST 30 DAYS.

    Section 809(b) of the Fair Debt Collection Practices Act (15 U.S.C. 
1692g(b)) is amended by striking ``If the consumer'' and inserting 
``Collection activities and communications may continue during the 
thirty-day period. However, if the consumer''.

SEC. 5. CLARIFYING THE REFERENCE TO ``ATTORNEY'' AND ``REASONABLE 
              TIME''.

    The Fair Debt Collection Practices Act is amended--
            (1) in section 804(6) (15 U.S.C. 1692b(6))--
                    (A) by striking ``an attorney'' and inserting ``an 
                attorney at law''; and
                    (B) by striking ``a reasonable period of time'' and 
                inserting ``30 days''; and
            (2) in section 805(a)(2) (15 U.S.C. 1692c(a)(2))--
                    (A) by striking ``an attorney'' and inserting ``an 
                attorney at law''; and
                    (B) by striking ``a reasonable period of time'' and 
                inserting ``30 days''.

SEC. 6. CEASING COMMUNICATIONS.

    Subsection (c) of section 805 of the Fair Debt Collection Practices 
Act (15 U.S.C. 1692c(c)) is amended to read as follows:
    ``(c) Ceasing Communication.--
            ``(1) In general.--If a consumer notifies a debt collector 
        in writing that the consumer refuses to pay a debt or that the 
        consumer wishes the debt collector to cease further 
        communication with the consumer, the debt collector shall not 
        communicate further with the consumer with respect to such 
        debt, except for one additional communication which may be made 
        by the debt collector for any of the following purposes 
        (however many may apply):
                    ``(A) To advise the consumer that the debt 
                collector's further efforts are being terminated.
                    ``(B) To notify the consumer that the debt 
                collector or creditor may invoke specified remedies 
                which are ordinarily invoked by such debt collector or 
                creditor.
                    ``(C) Where applicable, to notify the consumer that 
                the debt collector or creditor intends to invoke a 
                specified remedy.
            ``(2) Effective date of notice.--If a notice referred to in 
        paragraph (1) from a consumer is made by mail, notification 
        shall be complete upon receipt.''.

SEC. 7. THE ``BRADY AMENDMENT''.

    Section 807(8) of the Fair Debt Collection Practices Act (15 U.S.C. 
Section 1692e(8)) is amended by striking ``disputed debt'' and 
inserting ``debt which has been disputed by the consumer in writing''.

SEC. 8. VALIDATION OF DEBTS.

    Section 809(a)(3) of the Fair Debt Collection Practices Act (15 
U.S.C. 1692g(a)(3)) is amended by inserting ``in writing,'' after ``any 
portion thereof,''.
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