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H.R. 5484 (115th): Fair Debt Collections Practices Clarification Act of 2018

The text of the bill below is as of Apr 12, 2018 (Introduced).


I

115th CONGRESS

2d Session

H. R. 5484

IN THE HOUSE OF REPRESENTATIVES

April 12, 2018

(for himself and Ms. Jackson Lee) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Fair Debt Collection Practices Act to prohibit a court from making an award of costs to a defendant except on a finding that an action was brought in bad faith.

1.

Short title

This Act may be cited as the Fair Debt Collections Practices Clarification Act of 2018.

2.

Clarification that no award of costs may be made against consumers except where action brought in bad faith

Section 813(a)(3) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(a)(3)) is amended by adding at the end the following: A court may make an award of costs or attorney fees to the defendant only after finding that an action under this section was brought in bad faith and for the purpose of harassment, and may not make an award of costs or attorney fees otherwise..