Overview
Title
To expand and enhance consumer, student, servicemember, and small business protections with respect to debt collection practices, and for other purposes.
ELI5 AI
H. R. 10509 is a bill that tries to make the rules for collecting money from people who owe it, like students and small businesses, more fair and clear, and it also wants to study how these rules affect everyone involved.
Summary AI
H. R. 10509, known as the “Comprehensive Debt Collection Improvement Act,” aims to strengthen protections for consumers, students, servicemembers, and small businesses against abusive debt collection practices. The bill includes various titles targeting different aspects of debt collection, such as fair practices for servicemembers, protections for medical and private education loans, and improvements in communication regulations. It also mandates studies and reports on debt collection's impact and requires adjustments for damages to keep up with inflation. Overall, the bill seeks to make debt collection more fair and transparent.
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AnalysisAI
The "Comprehensive Debt Collection Improvement Act," presented in 2024, aims to expand protections for consumers, students, servicemembers, and small businesses against abusive debt collection practices. This extensive legislation seeks to amend several existing laws to offer greater fairness and accountability in debt collection, with different sections targeting specific aspects such as small business lending, servicemember protections, consumer rights regarding medical debt, and more.
General Summary
The bill introduces various safeguards across numerous categories:
- Small Business Lending: It aims to prohibit unfair credit practices, particularly those that infringe on borrowers' rights to notice and hearings.
- Servicemember Protections: This section prevents abusive practices by debt collectors toward servicemembers, shielding them from threats such as rank reduction or security clearance revocation.
- Student Loan Discharges: It extends protections for students with private loans, ensuring that debts are discharged in cases of death or total and permanent disability.
- Medical Debt: The bill limits the reporting and collection of medical debts, especially focusing on procedures that are medically necessary.
- Debtor Harassment: It addresses concerns regarding excessive communication from debt collectors, offering consumers more power to control contact methods.
- Federal Debt Collection: Specific protocols are introduced regarding how federal agencies should handle debt collection through third-party agencies.
Significant Issues
Vague Definitions and Regulatory Clarity: One significant concern is the broad definition of what constitutes "debt" in Section 103. The expansive scope could lead to unintended inclusions, potentially confusing enforcement agencies and obligors.
Impact on Debt Collection Agencies: Section 702 introduces an increase in potential damages from 1% of net worth to 5% of gross annual revenue for collectors, which could strain smaller agencies financially and lead to operational challenges.
Lack of Enforcement Mechanisms: Sections 102 and 202 lack explicit penalties or enforcement mechanisms, thus potentially diluting the preventive measures the bill seeks to establish, particularly for servicemembers and general obligors against unfair practices.
Implementation Complexities: The bill outlines complex responsibilities for medical debt reporting (Section 404) and requirements for consumer notifications by federal agencies (Section 812A), posing administrative burdens and potentially inconsistent applications due to lack of clarity.
Impact on the Public
For the general public, particularly consumers and debtors, this bill presents several potential protections against exploitative practices in debt collection. While the intent is to strengthen consumer rights and provide additional fairness, the execution of these provisions could vary significantly. It promises increased transparency and processes to challenge unjust debt or avoid unfair collection practices.
Stakeholder Implications
Consumers & Debtors: Enhanced protections aim to prevent harassment and ensure clarity around debts. The restrictions on debt collection communications and protections for servicemembers could positively impact their quality of life and financial wellness.
Debt Collectors: The changes might present operational challenges, requiring them to adhere to more rigorous standards and potentially reorganize practices to accommodate new penalties and reporting structures. Smaller firms may face financial hardships due to the increased potential damages.
Federal Agencies: The Act imposes additional administrative responsibilities, such as multiple notifications before transferring debts, which could result in procedural delays or increased workloads.
Medical Professionals and Insurers: Provisions to shield certain medical debts from reporting could influence billing practices and interactions with insurers, impacting their revenues and operational strategies.
In conclusion, while the Comprehensive Debt Collection Improvement Act offers a framework for enhancing consumer protections, its effectiveness will largely depend on detailed implementation and the balance between ensuring debtor rights and maintaining fair requirements for collectors.
Financial Assessment
The legislation H. R. 10509, known as the "Comprehensive Debt Collection Improvement Act," seeks to bolster protections for various groups against harsh debt collection practices. While primarily focused on enhancing protections, it incorporates a couple of financial references relating to debt collections and financial penalties.
Damages and Financial Implications
One of the significant financial aspects discussed in the bill appears in Section 702, which amends the Fair Debt Collection Practices Act by altering the formula for calculating damages. It suggests increasing the cap from 1% of net worth to 5% of gross annual revenue for debt collectors found in violation. This adjustment aims to strengthen enforcement by imposing more considerable financial penalties on noncompliant debt collectors. However, this change raises concerns, particularly highlighted in the identified issues, as it might disproportionately affect smaller debt collection agencies. These adjustments could potentially lead to financial instability for smaller businesses that lack substantial revenue streams.
Additionally, Section 702 mandates adjustments for inflation to ensure that the penalties remain relevant over time. Specifically, it requires that amounts set forth in this section be increased based on the Consumer Price Index for All Urban Consumers, which necessitates calculating and rounding the percentage increase to the nearest $100 or $1,000. This mechanism aims to maintain the deterrent effect of financial penalties by aligning them with economic conditions.
Potential Financial and Administrative Burdens
The bill does not explicitly allocate any spending or appropriations; instead, it focuses on protections and penalties related to debt collection practices. However, other sections indirectly imply potential costs or financial management challenges. For instance, as highlighted in the issues, Section 812A involves substantial notification requirements before transferring debts to collectors, which could impose excessive administrative burdens on federal agencies. These requirements might necessitate additional resources or processes to ensure compliance, contributing to inefficiency without explicit financial guidance or budgetary allocations.
Similarly, Section 605 requires a GAO study on debt collection practices. This study involves extensive data gathering and analysis, which typically necessitates funding. However, the bill lacks clarity on the financial source or budget allocation for this study, raising concerns about its feasibility and potential financial implications for the government.
Overall, while the primary focus of H. R. 10509 is on safeguarding consumers and limiting abusive collection practices, financial references to the penalties and administrative requirements pose important considerations. These aspects underscore the need for a balanced approach that considers the financial burdens on both debt collectors and government agencies while ensuring effective consumer protection measures are implemented.
Issues
The broad and potentially vague definition of 'debt' in Section 103 might lead to confusion about what obligations are encompassed. The scope including absolute or contingent, fixed, matured, unmatured, disputed, undisputed, recourse, nonrecourse, secured, or unsecured obligations could result in unintended inclusions and affect regulatory clarity.
Section 702's amendment to increase damages from 1% of net worth to 5% of gross annual revenue for debt collectors may disproportionately affect smaller agencies and could lead to financial instability or legal challenges for these companies.
The lack of specified enforcement mechanisms or penalties for violations in Sections 102 and 202 could weaken the effectiveness of the provisions designed to protect obligors and servicemembers from unfair credit and debt collection practices.
Section 302's lack of clarity regarding the notification process and responsibility for notifying loan holders about the death or total and permanent disability of a student obligor could result in administrative delays in discharging private education loans.
Potential excessive administrative burdens and inefficiency for federal agencies in Section 812A due to the notification requirements before transferring or selling debt to collectors, without clear guidelines on compliance verification.
The ambiguity in Section 605 regarding budget or funding source for a GAO study on debt collection practices, which could raise concerns about financial implications and the feasibility of conducting such a comprehensive study.
Section 404's complexity in implementing requirements for furnishers of medical debt information, including the definition of 'medically necessary procedure' and determination criteria for 'hardship,' might lead to administrative challenges and inconsistent application.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The Comprehensive Debt Collection Improvement Act includes various titles aimed at enhancing fairness and protection in debt collection. Each title addresses specific areas such as small business lending, protections for servicemembers and individuals with disabilities, consumer protection for medical debt, prevention of harassment, and harmonization of debt collection practices with detailed provisions for implementation and enforcement.
101. Short title Read Opens in new tab
Summary AI
The section gives the official name for this part of the bill as the “Small Business Lending Fairness Act.”
102. Obligor transactions Read Opens in new tab
Summary AI
The section amends the Truth in Lending Act to prohibit unfair credit practices, specifically barring the use of certain clauses like confessions of judgment, which waive a person's right to notice and a hearing. Additionally, it clarifies that the term "creditor" refers to anyone responsible for compliance who is not the borrower.
140B. Unfair credit practices Read Opens in new tab
Summary AI
In this section, it states that no person can take or enforce certain types of legal agreements, like a confession of judgment or waiver of notice, when extending credit or creating debt in commerce. Additionally, this section mentions that exemptions from another section of the law do not apply here.
103. Enforcement of security interests Read Opens in new tab
Summary AI
The section amends the Truth in Lending Act to define "debt" as any money owed by one person to another, including situations where there is a legal right to enforce payment, whether the obligation is certain or uncertain, judged or not, and regardless of its status as secured or unsecured.
201. Short title Read Opens in new tab
Summary AI
The section 201 of the bill states that this part of the law can be referred to as the "Fair Debt Collection Practices for Servicemembers Act".
202. Enhanced protection against debt collector harassment of servicemembers Read Opens in new tab
Summary AI
The section enhances protections for servicemembers by prohibiting debt collectors from threatening actions such as reducing rank, revoking security clearance, or prosecuting under military law when collecting debts from a servicemember and their dependents. It extends these protections for up to a year after the servicemember leaves duty and classifies making these threats as an unfair practice.
203. GAO study and report Read Opens in new tab
Summary AI
The Comptroller General of the United States is tasked with studying how debt collection affects military members, focusing on unfair practices, impacts on military readiness, and security clearance concerns. A report with findings and recommendations must be delivered to Congress within one year.
301. Short title Read Opens in new tab
Summary AI
The section titled "SEC. 301" refers to this part of the law as the "Private Loan Disability Discharge Act of 2024".
302. Protections for obligors and cosigners in case of death or total and permanent disability Read Opens in new tab
Summary AI
The section amends the Truth in Lending Act to ensure that if a student who has taken a private education loan dies or becomes totally and permanently disabled, their debt will be discharged, meaning they or their cosigner won't have to pay it back. It also specifies that lenders can't track the disability status of individuals after the debt is cleared.
401. Short title Read Opens in new tab
Summary AI
This section is the "short title" of the act, which states that this part of the legal document can be referred to as the "Consumer Protection for Medical Debt Collections Act."
402. Amendments to the Fair Debt Collection Practices Act Read Opens in new tab
Summary AI
The text provides amendments to the Fair Debt Collection Practices Act, specifically defining "medical debt" as debt from medical services, products, or devices. It also prohibits collection activities on such medical debt within the first two years after the initial payment is due.
403. Prohibition on consumer reporting agencies reporting certain medical debt Read Opens in new tab
Summary AI
The section amends the Fair Credit Reporting Act to define "medical debt" and "medically necessary procedure." It prohibits consumer reporting agencies from including debts related to medically necessary procedures and medical debts younger than 365 days in their reports.
404. Requirements for furnishers of medical debt information Read Opens in new tab
Summary AI
The section outlines rules for reporting medical debt to credit agencies, requiring that notice be given to consumers about their medical debt before it can be reported. It specifies that medical debts from necessary procedures should not be reported, and for other debts, they can only be reported after 365 days unless settled, allowing time for potential financial assistance or insurance coverage.
501. Short title Read Opens in new tab
Summary AI
The section states that this part of the bill can be referred to as the "Ending Debt Collection Harassment Act of 2024".
502. Consumer protections relating to debt collection practices Read Opens in new tab
Summary AI
The bill section provides new consumer protections regarding debt collection practices. It mandates more detailed reporting on consumer complaints and enforcement actions, restricts unlimited electronic communications from debt collectors without consent, ensures consumers are informed about their rights, and allows them to opt out of various communication methods.
601. Short title Read Opens in new tab
Summary AI
The short title of this section is the “Stop Debt Collection Abuse Act of 2024.”
602. Definitions Read Opens in new tab
Summary AI
The section amends the definitions related to debt collection in the Fair Debt Collection Practices Act, making changes such as broadening the definition of "debt" to include various financial obligations and clarifying who qualifies as a "debt collector," excluding some cases like certain fiduciary duties and loans originally given by the collector.
603. Debt collection practices for debt collectors hired by Federal agencies Read Opens in new tab
Summary AI
The section amends the Fair Debt Collection Practices Act by adding rules for federal agencies hiring debt collectors. It establishes that agencies cannot transfer a debt to collectors until 90 days after it becomes overdue and must notify the consumer at least three times, with each notification separated by at least 30 days, before doing so.
812A. Debt collection practices for debt collectors hired by Federal agencies Read Opens in new tab
Summary AI
The section outlines the rules for federal agencies when hiring debt collectors to collect debts. It requires that a debt cannot be transferred to a debt collector until it is at least 90 days delinquent, and the agency must notify the debtor at least three times before doing so, with a 30-day interval between the second and third notifications.
604. Unfair practices Read Opens in new tab
Summary AI
The section updates the Fair Debt Collection Practices Act to ensure that any additional fees or charges collected by debt collectors are explicitly allowed by the debt agreement or law. It mandates these fees to be reasonable, government-authorized, and not exceed 10% of the amount collected.
605. GAO study and report Read Opens in new tab
Summary AI
The section mandates that the U.S. Comptroller General conduct a study on how government agencies use debt collectors, examining their powers, fees, consumer protections, revenue sharing, oversight, and practices. The findings must be reported to Congress within a year, including how these practices differ across states and impact different demographics.
701. Short title Read Opens in new tab
Summary AI
The section introduces the Debt Collection Practices Harmonization Act, which is a name that can be used to refer to this part of the bill.
702. Award of damages Read Opens in new tab
Summary AI
The section amends the Fair Debt Collection Practices Act to adjust the amount of damages that can be awarded for violations by debt collectors. It includes changes to how damages are calculated based on inflation, allowing for annual adjustments, and allows courts to issue injunctions, which are court orders to stop certain actions, against those who violate the law.
Money References
- (a) Additional damages indexed for inflation.— (1) IN GENERAL.—Section 813 of the Fair Debt Collection Practices Act (15 U.S.C. 1692k) is amended— (A) in subsection (a)(2)— (i) in subparagraph (A), by striking “; or” and inserting the following: “with respect to any one action taken by a debt collector in violation of this subchapter; or”; (ii) in subparagraph (B)(ii), by striking “or 1 per centum of the net worth of the debt collector; and” and inserting the following: “or 5 percent of the gross annual revenue of the debt collector; and”; (B) in subsection (b), by inserting “the maximum amount of statutory damages at the time of noncompliance,” before “the frequency” each place it appears; and (C) by adding at the end the following: “(f) Adjustment for inflation.— “(1) INITIAL ADJUSTMENT.—Not later than 90 days after the date of the enactment of this subsection, the Bureau shall provide a percentage increase (rounded to the nearest multiple of $100 or $1,000, as applicable) in the amounts set forth in this section equal to the percentage by which— “(A) the Consumer Price Index for All Urban Consumers (all items, United States city average) for the 12-month period ending on the June 30 preceding the date on which the percentage increase is provided, exceeds “(B) the Consumer Price Index for the 12-month period preceding January 1, 1978.
- “(2) ANNUAL ADJUSTMENTS.—With respect to any fiscal year beginning after the date of the increase provided under paragraph (1), the Bureau shall provide a percentage increase (rounded to the nearest multiple of $100 or $1,000, as applicable) in the amounts set forth in this section equal to the percentage by which— “(A) the Consumer Price Index for All Urban Consumers (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds “(B) the Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).”.
703. Prohibition on the referral of emergency individual assistance debt Read Opens in new tab
Summary AI
The proposed amendment to Chapter 3 of title 31 of the United States Code would prevent the Secretary of the Treasury from hiring debt collectors to recover overpaid disaster relief assistance given to individuals by FEMA, unless the overpayment resulted from fraud or deceit that the recipient was aware of or should have been aware of.
334. Prohibition on the referral of emergency individual assistance debt Read Opens in new tab
Summary AI
The section prohibits the Secretary of the Treasury from hiring debt collectors to recover overpayments of emergency assistance given by FEMA, unless the overpayment was due to fraud or deceit that the recipient knew or should have known about.
801. Short title Read Opens in new tab
Summary AI
The section is titled as the “Non-Judicial Foreclosure Debt Collection Clarification Act”.
802. Enforcement of security interests Read Opens in new tab
Summary AI
The bill changes a part of the Fair Debt Collection Practices Act by removing certain wording that previously defined some businesses as debt collectors when their main role was to enforce security interests using interstate commerce or mail.
901. Effective date Read Opens in new tab
Summary AI
Most parts of this Act, along with its amendments, will become effective 180 days after the Act is officially enacted, unless stated otherwise in the Act itself.