Bill to Amend FDCPA for Attorneys Introduced in U.S. House
In the week between Christmas and New Year’s Day, a bill was introduced in the U.S. House of Representatives that aims to amend the Fair Debt Collection Practices Act (FDCPA) to exclude attorneys from the definition of a debt collector “when taking certain actions.”
But due to the timing of the introduction, the bill will not be heard in the current Congress and will need to be re-introduced in the next session, due to begin Thursday.
North Carolina Republican Walter Jones, Jr. filed H.R.6706 — the Fair Debt Collection Practices Technical Correction Act of 2012 – on December 27, 2012. The bill’s stated purpose is “to amend the Fair Debt Collection Practices Act to preclude law firms and licensed attorneys from the definition of a debt collector when taking certain actions.”
Specifically, the bill would insert an additional exemption to the definition of “debt collector.” The new language is as follows:
…The term (debt collector) does not include –
(F) any law firm or licensed attorney–
(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, 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; and…
Rest here…
Copy of the bill below…
~
4closureFraud.org
~
H.R.6706 — The Fair Debt Collection Practices Technical Correction Act of 2012
FYI – Status as of Aug 31, 2016:
Died in a previous Congress
Congress operates in two-year cycles that follow elections. Each cycle is called a “Congress.” This bill was introduced in the 112th Congress, which was from Jan 5, 2011 to Jan 3, 2013. Bills are not carried forward from Congress to Congress.
This bill was introduced on December 27, 2012, in a previous session of Congress, but was not enacted. (Found at https://www.govtrack.us/congress/bills/112/hr6706)
I can’t take credit for this…but just had to pass it on…ARE THE FLORIDA COURTS NOTHING MORE THAN AN ARM OF THE BANKING SYSTEM — A PRIVATE COLLECTION AGENCY..?
It will pass if PEOPLE just sit and do nothing – contact your Congress people – tell them you demand they vote this bill down. Otherwise you know it will pass for sure – most of them are lawyers (lieyars) anyway
Why not just legalize all CRIMINAL activity by passing laws to exempt the most flagrant violators? If this FDCPA bill makes it way through, who and what now stands between the attorney and the alleged debtor? I have seen multitudes of violations committed by these dual functioning Attorney/Debt Collectors. Pass this bill and give them a free ride to violate everyone. If you think for a minute that these ‘law firms’ are acting just as an ‘Attorney’ when they are collecting on behalf of the alleged creditor, you are wrong. There is no doubt they are acting as a collection agency and need to be held to the same standards.
This is a blatant attempt by the foreclosure mill law firms to exclude themselves from having to comply with the FDCPA .. a closer look will probably show that they contributed heavily to North Carolina Republican Walter Jones, Jr.’s election campaign(s) .. or some other such corruption.
If this bill is allowed to pass, it will mean that foreclosure mills can file foreclosures without first having to prove that the debt is actually owed (debt validation) .. even as the law stands now, many foreclosure mills have ignored it, and filed wrongful foreclosures .. this has led to much grief and anguish for many people who have to try to fight these foreclosures by hiring attorneys (if they can afford one) .. and it has led to families being wrongfully evicted from their homes .. even some of our soldiers have come home to find that their home has been wrongfully foreclosed out from under them. Why do you think that all of the big banks are settling to pay billions of dollars ??? It is because wrongful foreclosures have been filed !!!
Why would we want to now pass a law that makes it even easier for the foreclosure mill crooks to do wrong ?? If anything, we should be strengthening the law. They should have to comply with the Fair Debt Collection Practices Act and stop being predators on the people. Them and the banks just get to say “Ooops !”, pay a fine (billions are pennies to them), and then go on their merry way ??!!! IT IS WRONG !!
Contact your House Representatives and your Senators and let them know that you oppose H.R.6706 .. we need to hold our law makers accountable for what they do for their cronies !!!
Please act now before it is too late .. send an email, or a tweet, make a phone call .. please.
We must act now !!!
If this bill is passed would it be retroactive or can I still include the attorneys in my suit as Debt Collectors and hold them to FDCPA violations?