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Code · BILL · 117th Congress · H.R. 2547 (Engrossed in House) — To expand and enhance consumer, student, servicemember, and small business protections with respect to debt collectio... · Sec. 502

Sec. 502. Consumer protections relating to debt collection practices

625 words·~3 min read·/bill/117/hr/2547/eh/section-502

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Section 1016(c) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5496(c) ) is amended— in paragraph (8), by striking and at the end; in paragraph (9), by striking the period at the end and inserting a semicolon; and by adding at the end the following: an analysis of the consumer complaints received by the Bureau with respect to debt collection, including a State-by-State breakdown of such complaints; an analysis of the number of people unable to pay a debt because a debt collector is unable to accept a cash payment; and a list of enforcement actions taken against debt collectors during the preceding year. .
Section 815(a) of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692m(a) ) is amended by adding at the end the following new sentence: Each such report shall also include an analysis of the impact of electronic communications by debt collectors on consumer experiences with debt collection, including a consideration of consumer complaints about the use of electronic communications in debt collection. . Section 1022 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5512 ) is amended by adding at the end the following:
The Director may not issue any rule with respect to debt collection that does not prohibit a debt collector to send unlimited email, text messages, and direct messages through social media to a consumer. . Section 806 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692d ) is amended by adding at the end the following new paragraph: Contacting the person electronically, including by email, text message, and direct message through social media, if— the communication is required to be in writing and the person has not consented to receive the communication electronically in accordance with the requirements of the Electronic Signatures in Global and National Commerce Act; the communication is governed by the Telephone Consumer Protection Act and the person has not consented to receive such communication in accordance with the requirements of such Act; consent by the person to receive the communication was not provided directly to the debt collector; consent by the person to receive the communication electronically has been withdrawn; or the frequency of contact by the debt collector is greater than consented to by the person. .
Section 808(7) of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692f ) is amended by inserting the following before the period: or through a social media platform if the communication is viewable by the general public or the person’s social media contacts . Section 809(a) of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692g(a) ) is amended in the matter preceding paragraph (1)— by striking Within five days and all that follows through any debt, and inserting the following: ; and Notice of debt; contents.— Within five days after the initial communication with a consumer in connection with the collection of any debt, by striking , unless the following information is contained in the initial communication or the consumer has paid the debt, .
Section 814(d) of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692l(d) ) is amended by adding at the end the following: Such rules— may not allow a debt collector to send unlimited electronic communications to a consumer; shall require debt collectors to obtain consent directly from consumers before contacting them using a method other than by postal mail or by telephone; may not waive the requirements of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001 et seq.); and shall allow consumers to opt out of any method of communication that the debt collector uses to communicate with consumers, including a method for which such consumer had given prior consent. .
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Sec. 502
Consumer protections relating to debt collection practices
U.S.C.§ 5496
U.S.C.§ 1692m
U.S.C.§ 5512
U.S.C.§ 1692d
U.S.C.§ 1692f
U.S.C.§ 1692g
U.S.C.§ 1692l
U.S.C.§ 7001
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