Practice of Law Technical Clarification Act of 2017

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4550 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4550

 To amend the Fair Debt Collection Practices Act to exclude law firms 
 and licensed attorneys who are engaged in activities related to legal 
   proceedings from the definition of a debt collector, to amend the 
  Consumer Financial Protection Act of 2010 to prevent the Bureau of 
     Consumer Financial Protection from exercising supervisory or 
   enforcement authority with respect to attorneys when undertaking 
 certain actions related to legal proceedings, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2017

  Mr. Gonzalez of Texas (for himself and Mr. Mooney of West Virginia) 
 introduced the following bill; which was referred to the Committee on 
                           Financial Services

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Debt Collection Practices Act to exclude law firms 
 and licensed attorneys who are engaged in activities related to legal 
   proceedings from the definition of a debt collector, to amend the 
  Consumer Financial Protection Act of 2010 to prevent the Bureau of 
     Consumer Financial Protection from exercising supervisory or 
   enforcement authority with respect to attorneys when undertaking 
 certain actions related to legal proceedings, 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 ``Practice of Law Technical 
Clarification Act of 2017''.

SEC. 2. EXCLUSION OF LAW FIRMS AND LAWYERS FROM THE DEFINITION OF DEBT 
              COLLECTOR WHEN ENGAGED IN THE PRACTICE OF LAW.

    Section 803(6) of the Fair Debt Collection Practices Act (15 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, to the 
                extent that such firm or attorney is--
                            ``(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 connection with a 
                        legal action to collect a debt on behalf of a 
                        client in, or at the direction of, a court of 
                        law (including in depositions or settlement 
                        conferences) or in the enforcement of a 
                        judgment; and''.

SEC. 3. AMENDMENT TO BUREAU AUTHORITY WITH RESPECT TO PRACTICE OF LAW.

    Section 1027(e)(2)(B) of the Consumer Financial Protection Act of 
2010 (12 U.S.C. 5517(e)(2)(B)) is amended by striking the period at the 
end and inserting ``, unless such financial product or service is 
provided by a licensed attorney who is not a debt collector as 
described under section 803(6)(F) of the Fair Debt Collection Practices 
Act.''.
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