H.R. 5794 (112th): Fair Debt Collection Practices Clarification Act of 2012

Introduced:
May 17, 2012 (112th Congress, 2011–2013)
Sponsor:
Rep. Barney Frank [D-MA4]
Status:
Died (Referred to Committee)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced on May 17, 2012, in a previous session of Congress, but was not enacted.

Progress
Introduced May 17, 2012
Referred to Committee May 17, 2012
Cosponsors
none
Committees

House Financial Services

The committee chair determines whether a bill will move past the committee stage.

Full Title

To amend the Fair Debt Collection Practices Act to exempt a debt collector from liability when leaving certain voice mail messages for a consumer with respect to a debt as long as the debt collector follows regulations prescribed by the Bureau of Consumer Financial Protection on the appropriate manner in which to leave such a message, and for other purposes.

Summary

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Text

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Last updated May 17, 2012.
4 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

5/17/2012--Introduced.
Fair Debt Collection Practices Clarification Act of 2012 - Amends the Fair Debt Collection Practices Act to revise the disclaimer of liability for any act done or omitted in good faith in conformity with any advisory opinion of the Consumer Financial Protection Bureau (CFPB). Exempts from liability, in addition, acts done or omitted in good faith in compliance with any rule, regulation, or interpretation of the CFPB, or in conformity with any interpretation or approval by a CFPB official or employee duly authorized to issue such interpretations or approvals.
Permits a debt collector to leave messages for a consumer regarding the collection of a debt on the consumer's answering machine, voice messaging system, or similar device, including in an initial communication with the consumer, so long as the message complies with regulations prescribed by the CFPB to ensure the preservation of consumer privacy and other rights, including restrictions on communications with third parties.
Prohibits a debt collector from initiating a legal action on a debt in an arbitration setting, or requiring the consumer to resolve by arbitration a collection-related dispute on the debt, unless the consumer has agreed in writing to resolution by arbitration after collections activities have been initiated and a legal action or dispute has arisen.

House Republican Conference Summary

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House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

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