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H.R.2892 - Fair Debt Collection Practices Technical Clarification Act of 2013


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This bill was introduced in the US House of Representatives and referred to committee.  It looks like it is DOA for now, however, in all likelihood, someone will see fit to re-introduce it.  There is also a similar bill introduced in the US Senate.

 

Long story short, the debt collection bar wants legal immunity.

 

Summary

Fair Debt Collection Practices Technical Clarification Act of 2013 - Amends the Fair Debt Collection Practices Act to exclude from the definition of "debt collector" any law firm or licensed attorney: (1) serving, filing, or conveying formal legal pleadings, discovery requests, or other documents pursuant to the applicable rules of civil procedure; or (2) communicating in, or at the direction of, a court of law or in depositions or settlement conferences, in connection with a pending legal action to collect a debt on behalf of a client.

 

I would like to see the Committee report on this bill.

 

 

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Here's a reference to the Senate bill...

 

Latest Action:05/13/2014 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

 

 

Bill Latest Title Relationships to H.R.2892 Relationships Identified by Latest Action S.2328 Fair Debt Collection Practices Technical Clarification Act of 2014 Related bill CRS 05/13/2014 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
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So...am I right that the lawyers in congress are about to amend the FDCPA so that it does not apply to lawyers?  Hmmmm...

 

I believe they're trying to get amended so that it doesn't apply to lawyers while in litigation.  Notice that it references only activities during the litigation process.

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I believe they're trying to get amended so that it doesn't apply to lawyers while in litigation.  Notice that it references only activities during the litigation process.

 

Exactly.  The bill basically says that representing a creditor in a legal matter does not automatically make the attorney a debt collector.  The problem is too many of them are skirting the law now as it is.

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