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House Bill 5013
116th Congress(2019-2020)
Small Business Fair Debt Collection Protection Act
Introduced
Introduced
Introduced in House on Nov 8, 2019
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H. R. 5013 (Introduced-in-House)


116th CONGRESS
1st Session
H. R. 5013


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.

IN THE HOUSE OF REPRESENTATIVES

November 8, 2019

Mr. Lawson of Florida introduced the following bill; which was referred to the Committee on Financial Services

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.

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 “Small Business Fair Debt Collection Protection Act”.

SEC. 2. Fair debt collection practices for loans to small businesses.

(a) In general.—The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is amended—

(1) in section 803, by amending paragraph (5) to read as follows:

“(5) The term ‘debt’ means any obligation or alleged obligation to pay money arising out of a transaction, whether or not such obligation has been reduced to judgment.”;

(2) by redesignating section 819 as section 820; and

(3) by inserting after section 818 the following:

Ҥ 819. Application to small businesses

“(a) In general.—This Act shall apply to small businesses to the same extent as this Act applies to consumers.

“(b) Small business defined.—The Director of the Bureau, in consultation with the Administrator of the Small Business Administration, shall issue a rule to define the term ‘small business’ for purposes of this section.”.

(b) Clerical amendment.—The table of contents for the Fair Debt Collection Practices Act is amended by striking the item relating to section 819 and inserting the following:


“819. Application to small businesses.
“820. Effective date.”.

(c) Prohibition on harassment or abuse.—Section 806(3) of the Fair Debt Collection Practices Act (15 U.S.C. 1692d) is amended—

(1) by striking “consumers who” and inserting “consumers or small businesses that”; and

(2) by inserting “, to a commercial credit bureau,” after “consumer reporting agency”.