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H.R.4101 / 112th Congress

Fair Debt Collection Practices Clarification Act of 2012

Referred to the Subcommittee on Financial Institutions and Consumer Credit.

Official summary

Version 00 · Introduced in House · Feb 28, 2012

Fair Debt Collection Practices Clarification Act of 2012 - Amends the Fair Debt Collection Practices Act to revise the disclaimer of liability for any act done or omitted in good faith in conformity with any advisory opinion of the Consumer Financial Protection Bureau (CFPB).

Exempts from liability, in addition, acts done or omitted in good faith in compliance with any rule, regulation, or interpretation of the CFPB, or in conformity with any interpretation or approval by a CFPB official or employee duly authorized to issue such interpretations or approvals.

Permits a debt collector to leave messages for a consumer regarding the collection of a debt on the consumer's answering machine, voice messaging system, or similar device, including in an initial communication with the consumer, so long as the message complies with regulations prescribed by the CFPB to ensure the preservation of consumer privacy and other rights, including restrictions on communications with third parties.

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Prohibits a debt collector from initiating a legal action on a debt in an arbitration setting, or requiring the consumer to resolve by arbitration a collection-related dispute on the debt, unless the consumer has agreed in writing to resolution by arbitration after collections activities have been initiated and a legal action or dispute has arisen.

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Who introduced it

Rep. Frank, Barney [D-MA-4] · D–MA

Committees

  • Financial Services Committee
0 cosponsorship records, including any withdrawals

    Actions

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    1. Referred to the Subcommittee on Financial Institutions and Consumer Credit.

    2. Referred to the House Committee on Financial Services.

    3. Introduced in House

    4. Introduced in House

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