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FDCPA-Related Bill Introduced At End of 2012

David Goch, Washington Legislative Counsel | January 07, 2013

On Dec. 27, Rep. Walter Jones Jr. (R-N.C.) introduced H.R. 6706, a bill to amend the FDCPA to preclude law firms and licensed attorneys from the definition of a debt collector when taking certain actions.  

The Fair Debt Collection Practices Technical Correction Act of 2012, which will die with the 112th Congress, was referred to the Financial Services Committee.  

The text of the bill is provided below and is also available at http://www.govtrack.us/congress/bills/112/hr6706/text:

 112th CONGRESS

2d Session

H. R. 6706

To amend the Fair Debt Collection Practices Act to preclude law firms and licensed attorneys from the definition of a debt collector when taking certain actions.

IN THE HOUSE OF REPRESENTATIVES

December 27, 2012

Mr. JONES introduced the following bill; which was referred to the Committee on Financial Services

A BILL

To amend the Fair Debt Collection Practices Act to preclude law firms and licensed attorneys from the definition of a debt collector when taking certain actions.

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 'Fair Debt Collection Practices Technical Correction Act of 2012.

SEC. 2. LEGAL PROCEEDING EXCEPTION.

Section 803(6) of the Fair Debt Collection Practices Act (12 U.S.C. 1692a(6)) is amended--

(1) by redesignating subparagraph (F) as subparagraph (G); and

(2) by inserting after subparagraph (E) the following:

(F) any law firm or licensed attorney--

'(i) serving, filing, or conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable rules of civil procedure; or

'(ii) communicating in, or at the direction of, a court of law or in depositions or settlement conferences, in connection with a pending legal action to collect a debt on behalf of a client; and'.


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