[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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