II 111th CONGRESS 2d Session S. 3888 IN THE SENATE OF THE UNITED STATES September 29, 2010 Mr. Franken (for himself and Mr. LeMieux) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To make improvements to the Fair Debt Collection Practices Act, and for other purposes.

1.

Short title

This Act may be cited as the End Debt Collector Abuse Act of 2010.

2.

Enhanced validation notices

(a)

In general

Section 809(a) of the Fair Debt Collection Practices Act (15 U.S.C. 1692g(a)) is amended— (1)in paragraph (4), by striking and at the end; and (2)by striking paragraph (5) and inserting the following: (5)the date of the last payment to the creditor on the subject debt by the consumer and the amount of the debt at the time of default; (6)the name and address of the last person to extend credit with respect to the debt; (7)an itemization of the principal, fees, and interest that make up the debt and any other charges added after the date of the last payment to the creditor; (8)a description of the rights of the consumer— (A)to request that the debt collector cease communication with the consumer under section 805(c); and (B)to have collection efforts stopped under subsection (b); and (9)the name and contact information of the person responsible for handling complaints on behalf of the debt collector. . (b)

Effective date

This section and the amendments made by this section shall become effective 1 year after the date of enactment of this Act.

3.

Dispute investigations and verification

Section 809(b) of the Fair Debt Collection Practices Act (15 U.S.C. 1692g(b)) is amended— (1)by inserting after (b) the following: “Disputed debts.— (1)

In general

; and (2)by striking Collection activities and inserting the following: (2)

Reasonable investigation and verification required

Upon receipt of a notification under paragraph (1) that a debt is disputed by the consumer, the debt collector shall undertake a thorough investigation of the substance of the dispute, and shall timely provide to the consumer specific responsive information and verification of the disputed debt. (3)

Collection activities

Collection activities .

4.

Award of damages

(a)

Additional damages indexed for inflation

(1)

In general

Section 813 of the Fair Debt Collection Practices Act (15 U.S.C. 1692k) is amended by adding at the end the following: (f)

Adjustment for inflation

(1)

Initial adjustment

Not later than 90 days after the date of the enactment of this subsection, the Commission shall provide a percentage increase (rounded to the nearest multiple of $100 or $1,000, as applicable) in the amounts set forth in such section equal to the percentage by which— (A)the Consumer Price Index for All Urban Consumers (all items, United States city average) for the 12-month period ending on the June 30 preceding the date on which the percentage increase is provided, exceeds (B)the Consumer Price Index for the 12-month period preceding January 1, 1978. (2)

Annual adjustments

With respect to any fiscal year beginning after the date of the increase provided under paragraph (1), the Commission shall provide a percentage increase (rounded to the nearest multiple of $100 or $1,000, as applicable) in the amounts set forth in this section equal to the percentage by which— (A)the Consumer Price Index for All Urban Consumers (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds (B)the Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A). . (2)

Applicability

The increases made under section 813(f) of the Fair Debt Collection Practices Act, as added by paragraph (1) of this subsection, shall apply with respect to failures to comply with a provision of such Act (15 U.S.C. 1601 et seq.) occurring on or after the date of enactment of this Act. (b)

Injunctive relief

Section 813(d) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(d)) is amended by adding at the end the following: In a civil action alleging a violation of this title, the court may award appropriate relief, including injunctive relief..

5.

Seeking a warrant for arrest of debtor as an unfair debt collection practice

(a)

In general

Section 808 of the Fair Debt Collection Practices Act (15 U.S.C. 1692f) is amended by adding at the end the following: (9)A request by a debt collector to a court or any law enforcement agency for the issuance of a warrant for the arrest of a debtor or any other similar request that a debt collector knows or should know would lead to the issuance of an arrest warrant, in relation to collection of a debt. . (b)

Construction

Paragraph (9) of such section 808, as added by subsection (a), shall not be construed to limit a court's inherent authority to hold a debtor in civil contempt, nor to limit a debt collector's ability to seek a writ of execution or similar remedy to take possession of property in order to satisfy a valid judgment of debt.