[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5013 Reported in House (RH)]
<DOC>
Union Calendar No. 540
116th CONGRESS
2d Session
H. R. 5013
[Report No. 116-656]
To apply the Fair Debt Collection Practices Act to small businesses to
the same extent as such Act applies to consumers, to require the
Director of the Bureau of Consumer Financial Protection to define
``small business'' for purposes of such Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 8, 2019
Mr. Lawson of Florida introduced the following bill; which was referred
to the Committee on Financial Services
December 16, 2020
Additional sponsor: Mr. Cleaver
December 16, 2020
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
November 8, 2019]
_______________________________________________________________________
A BILL
To apply the Fair Debt Collection Practices Act to small businesses to
the same extent as such Act applies to consumers, to require the
Director of the Bureau of Consumer Financial Protection to define
``small business'' for purposes of such Act, 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 ``Small Business Fair Debt Collection
Protection Act''.
SEC. 2. FAIR DEBT COLLECTION PRACTICES FOR LOANS TO SMALL BUSINESSES.
(a) In General.--The Fair Debt Collection Practices Act (15 U.S.C.
1692 et seq.) is amended--
(1) in section 803--
(A) by amending paragraph (5) to read as follows:
``(5) The term `debt' means any obligation or alleged
obligation to pay money arising out of a transaction, whether
or not such obligation has been reduced to judgment.''; and
(B) by adding at the end the following new
paragraph:
``(9) The term `commercial credit bureau' means any person
which, for monetary fees, dues, or on a cooperative nonprofit
basis, regularly engages in whole or in part in the practice of
assembling or evaluating commercial credit information or other
information on businesses for the purpose of furnishing credit
reports to third parties, and which uses any means or facility
of interstate commerce for the purpose of preparing or
furnishing credit reports.'';
(2) by redesignating section 819 as section 820; and
(3) by inserting after section 818 the following:
``Sec. 819. Application to small business debt
``(a) In General.--This Act shall apply to small business debt to
the same extent as this Act applies to debt of consumers.
``(b) Small Business Debt Defined.--The term `small business
debt'--
``(1) means any non-equity obligation or alleged obligation
of a partnership, corporation, trust, estate, cooperative,
association, government or governmental subdivision or agency,
or other entity that is less than $5,000,000; and
``(2) does not include any obligation or alleged
obligation--
``(A) of an individual; or
``(B) that is primarily for personal, family, or
household purposes.''.
(b) Clerical Amendment.--The table of contents for the Fair Debt
Collection Practices Act is amended by striking the item relating to
section 819 and inserting the following:
``819. Application to small business debt.
``820. Effective date.''.
(c) Conforming Amendments.--The Fair Debt Collection Practices Act
(15 U.S.C. 1692 et seq.) is amended--
(1) in section 805(b), by inserting ``or a commercial
credit bureau (as applicable)'' after ``consumer reporting
agency'';
(2) in section 806(3)--
(A) by striking ``consumers who'' and inserting
``consumers or small businesses that''; and
(B) by inserting `` or to a commercial credit
bureau (as applicable),'' after ``consumer reporting
agency''; and
(3) in section 807(16), by inserting ``or a commercial
credit bureau'' after ``this Act''.
Amend the title so as to read: ``A bill to apply the Fair
Debt Collection Practices Act to small business debt to the
same extent as such Act applies to consumers, and for other
purposes.''.
Union Calendar No. 540
116th CONGRESS
2d Session
H. R. 5013
[Report No. 116-656]
_______________________________________________________________________
A BILL
To apply the Fair Debt Collection Practices Act to small businesses to
the same extent as such Act applies to consumers, to require the
Director of the Bureau of Consumer Financial Protection to define
``small business'' for purposes of such Act, and for other purposes.
_______________________________________________________________________
December 16, 2020
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed