HR 5013 — Small Business Fair Debt Collection Protection Act

5013 IntroducedReported in House (IH)](RH)] <DOC> 116thUnion CONGRESSCalendar 1stNo. Session H.

540 116th CONGRESS 2d Session H.

5013 To[Report applyNo. the Fair Debt Collection Practices Act to small businesses to the same extent as such Act applies to consumers, to require the Director of the Bureau of Consumer Financial Protection to define ``small business'' for purposes of such Act, and for other purposes.

116-656] To apply the Fair Debt Collection Practices Act to small businesses to the same extent as such Act applies to consumers, to require the Director of the Bureau of Consumer Financial Protection to define ``small business'' for purposes of such Act, and for other purposes.

which was referred to the Committee on Financial Services _______________________________________________________________________December A16, BILL2020 ToAdditional applysponsor: the Fair Debt Collection Practices Act to small businesses to the same extent as such Act applies to consumers, to require the Director of the Bureau of Consumer Financial Protection to define ``small business'' for purposes of such Act, and for other purposes.

Mr.

Cleaver December 16, 2020 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on November 8, 2019] _______________________________________________________________________ A BILL To apply the Fair Debt Collection Practices Act to small businesses to the same extent as such Act applies to consumers, to require the Director of the Bureau of Consumer Financial Protection to define ``small business'' for purposes of such Act, and for other purposes.

et seq.) is amended-- (1) in section 803,803-- (A) by amending paragraph (5) to read as follows:

and (B) by adding at the end the following new paragraph:

``(9) The term `commercial credit bureau' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating commercial credit information or other information on businesses for the purpose of furnishing credit reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing credit reports.'';

Application to small businessesbusiness debt ``(a) In General.--This Act shall apply to small businessesbusiness debt to the same extent as this Act applies to debt of consumers.

``(b) Small Business Debt Defined.--The Directorterm of`small thebusiness Bureau,debt'-- in``(1) consultationmeans withany thenon-equity Administratorobligation or alleged obligation of thea Smallpartnership, Businesscorporation, Administration,trust, shallestate, issuecooperative, aassociation, rulegovernment toor definegovernmental thesubdivision termor `smallagency, business'or forother purposesentity ofthat thisis section.''.less than $5,000,000;

and ``(2) does not include any obligation or alleged obligation-- ``(A) of an individual;

or ``(B) that is primarily for personal, family, or household purposes.''.

Application to small businesses.business debt.

(c) ProhibitionConforming onAmendments.--The Harassment or Abuse.--Section 806(3) of the Fair Debt Collection Practices Act (15 U.S.C.

1692d)1692 et seq.) is amended-- (1) in section 805(b), by strikinginserting ``consumers``or who''a andcommercial insertingcredit ``consumersbureau or(as smallapplicable)'' businessesafter that'';``consumer reporting agency'';

and (2) byin insertingsection ``,806(3)-- to(A) aby commercialstriking credit``consumers bureau,''who'' afterand ``consumerinserting reporting``consumers agency''.or small businesses that'';

<all>and (B) by inserting `` or to a commercial credit bureau (as applicable),'' after ``consumer reporting agency'';

and (3) in section 807(16), by inserting ``or a commercial credit bureau'' after ``this Act''.

Amend the title so as to read:

``A bill to apply the Fair Debt Collection Practices Act to small business debt to the same extent as such Act applies to consumers, and for other purposes.''.

Union Calendar No.

540 116th CONGRESS 2d Session H.

R.

5013 [Report No.

116-656] _______________________________________________________________________ A BILL To apply the Fair Debt Collection Practices Act to small businesses to the same extent as such Act applies to consumers, to require the Director of the Bureau of Consumer Financial Protection to define ``small business'' for purposes of such Act, and for other purposes.

_______________________________________________________________________ December 16, 2020 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed