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Code · BILL · 117th Congress · H.R. 2547 (Introduced in House) — To expand and enhance consumer, student, servicemember, and small business protections with respect to debt collectio... · Sec. 602

Sec. 602. Definitions

460 words·~2 min read·/bill/117/hr/2547/ih/section-602

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 803 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692a ) is amended— in paragraph (4), by striking facilitating collection of such debt for another and inserting collection of such debt ; by amending paragraph
(5)to read as follows: The term debt means any obligation or alleged obligation of a consumer— to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment; to pay a loan, overpayment, fine, penalty, restitution, fee, or other money currently or originally owed to or guaranteed by a Federal or State government, including any courts or agencies; or which is secured by real or personal property that is used or was obtained primarily for personal, family, or household purposes, where such property is subject to forfeiture or repossession upon nonpayment of the obligation or alleged obligation. ; and in paragraph (6)— by redesignating subparagraphs
(A)through
(F)as clauses
(i)through (vi), respectively; in clause (iii), as so redesignated, by inserting (not including an independent contractor) after any State ; by amending clause (vi), as so redesignated, to read as follows: any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity— is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; concerns a debt which was originated by such person; concerns a debt which was not in default at the time it was obtained by such person; or concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. ; by striking the first and second sentences and inserting the following: The term debt collector means— any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts; any person who regularly collects or attempts to collect, directly or indirectly, by the person’s own means or by hiring another debt collector, debts owed or due or asserted to be owed or due another or that have been obtained by assignment or transfer from another; any person who regularly collects debts currently or originally owed or allegedly owed to a Federal or State agency or court; or notwithstanding subparagraph (B)(vi), any creditor who in the process of collecting debts of such creditor, uses another name that would indicate that a third person is collecting or attempting to collect such debts. ; and in the fourth sentence, by striking The term does not and inserting the following: The term does not .
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Sec. 602
Definitions
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