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.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4101 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4101
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2012
Mr. Frank of Massachusetts introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
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.
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
Clarification Act of 2012''.
SEC. 2. EXEMPTION FROM LIABILITY.
Subsection (e) of section 813 of the Fair Debt Collection Practices
Act (15 U.S.C. 1692k) is amended to read as follows:
``(e) No provision of this section imposing liability shall apply
to any act done or omitted in good faith in conformity with any rule,
regulation, interpretation, or advisory opinion of the Bureau or in
conformity with any interpretation or approval by an official or
employee of the Bureau duly authorized by the Bureau to issue such
interpretations or approvals under procedures prescribed by the Bureau,
notwithstanding that after such act or omission has occurred, such
rule, regulation, interpretation, or advisory opinion, is amended,
rescinded, or determined by judicial or other authority to be invalid
for any reason.''.
SEC. 3. AUTHORITY TO LEAVE MESSAGES FOR A CONSUMER WHILE PROTECTING
CONSUMER PRIVACY.
Section 805 of the Fair Debt Collection Practices Act (15 U.S.C.
1692c) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Authority To Leave Messages for a Consumer.--
``(1) In general.--A debt collector may leave messages for
a consumer in connection with the collection of a debt on the
consumer's answering machine, voice messaging system, or other
similar device, including in an initial communication with the
consumer, so long as the message complies with regulations
prescribed by the Bureau to ensure the preservation of the
privacy and other rights granted to the consumer, including the
restrictions on communications with third parties under
subsection (b).
``(2) Rulemaking.--Not later than the end of the 6-month
period beginning on the date of the enactment of this
subsection, the Bureau shall prescribe regulations to carry out
paragraph (1). Such regulations shall--
``(A) specify the content or text of a permissible
message allowed under paragraph (1);
``(B) provide that a consumer has a right to cease
further communication with a debt collector; and
``(C) include any other such matters as the Bureau
determines appropriate to carry out this subsection.''.
(3) Effective date.--Paragraph (1) of section 805(d) of the
Fair Debt Collection Practices Act shall take effect on the
date that regulations are issued pursuant to paragraph (2) of
such section 805(d).
SEC. 4. LIMITATION ON ARBITRATION.
Section 811 of the Fair Debt Collection Practices Act (15 U.S.C.
1692i) is amended by adding at the end the following:
``(c) Limitation on Arbitration.--No person serving as a debt
collector with respect to a particular debt may initiate a legal action
on that debt in an arbitration setting, or require the consumer to
resolve any collection-related dispute on such a debt by means of
arbitration, unless the consumer has agreed, in writing, with that debt
collection, after collections activities are initiated and a legal
action or dispute arises, to resolve such legal action or dispute by
arbitration.''.
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Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
Referred to the Subcommittee on Financial Institutions and Consumer Credit.
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