Text: S.2884 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in Senate (11/18/2019)


116th CONGRESS
1st Session
S. 2884


To apply the Fair Debt Collection Practices Act to small business debt to the same extent as such Act applies to consumers, and for other purposes.


IN THE SENATE OF THE UNITED STATES

November 18, 2019

Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs


A BILL

To apply the Fair Debt Collection Practices Act to small business debt to the same extent as such Act applies to consumers, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Small Business Fair Debt Collection Protection Act”.

SEC. 2. Fair debt collection practices for loans to small businesses.

(a) In general.—The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is amended—

(1) in section 803 (15 U.S.C. 1692a)—

(A) by striking (5) and inserting the following:

“(5) The term ‘debt’ means any obligation or alleged obligation to pay money arising out of a transaction, whether or not such obligation has been reduced to judgment.”; and

(B) by adding at the end the following:

“(9) The term ‘commercial credit bureau’ means any person that—

“(A) for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating commercial credit information or other information on businesses for the purpose of furnishing consumer reports to third parties; and

“(B) uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

“(10) The term ‘consumer reports’ has the meaning given the term in section 603 of this Act.”; and

(2) by inserting after section 818 the following:

§ 818A. Application to small business debt

“(a) Definition.—The term ‘small business debt’—

“(1) means any nonequity obligation or alleged obligation of a partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity that is less than $5,000,000; and

“(2) does not include any obligation or alleged obligation—

“(A) of an individual; or

“(B) that is primarily for personal, family, or household purposes.

“(b) Application.—This Act shall apply to small business debt to the same extent as this Act applies to debt.”.

(b) Clerical amendment.—The table of contents for the Fair Debt Collection Practices Act is amended by inserting after the item relating to section 818 the following:


“818A. Application to small business debt.”.

(c) Conforming amendments.—The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is amended—

(1) in section 805(b), by inserting “or a commercial credit bureau (as applicable)” after “consumer reporting agency”;

(2) in section 806(3)—

(A) by striking “consumers who” and inserting “consumers or small businesses that”; and

(B) by inserting “ or to a commercial credit bureau (as applicable),” after “consumer reporting agency”; and

(3) in section 807(16), by inserting “or a commercial credit bureau” after “this Act”.


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