A group of 20 state attorneys general have sent a letter to the leaders of both the House of Representatives and the Senate urging Congress not to move forward with a bill that would exempt lawyers from complying with the Fair Debt Collection Practices Act when engaged in litigation-related activities.
The letter comes on the heels of a report that says the full House is set to consider the bill, which was passed by the House Financial Services Committee last month.
A copy of the letter, which was signed by the attorneys general of New York, California, Massachusetts, North Carolina, Pennsylvania, Virginia, and Minnesota, can be accessed here.
The bill, H.R. 5082, called the Practice of Law Technical Clarification Act, was originally introduced by Rep. Vincente Gonzalez [R-Texas] and was re-introduced by Rep. Alex Mooney [R-W.V.] in February. The bill was supposed to be marked up and voted on by the House Financial Services Committee in January, but was delayed due to technical issues.
“In sum, it is the experience of our offices that certain debt collection attorneys and law firms routinely misuse their access to the judicial system to take improper advantage of unsophisticated consumers,” the AGs wrote in their letter, which was sent to Rep. Paul Ryan [R-Wisc.], the Speaker of the House, and Rep. Nancy Pelosi [D-Calif.], the House Minority leader, and Sen. Mitch McConnell [R-Ky.], the Senate Majority leader, and Sen. Charles Schumer [D-N.Y.], the Senate Minority leader. “H.R. 5082 would likely immunize debt collection law firms and attorneys from liability under the FDCPA for such abusive practices. It would preclude State Attorneys General from using the FDCPA to pursue unscrupulous debt collection attorneys.”
The National Creditors Bar Association has a form letter and other communication tools for those who wish to contact their local members of Congress to lobby in favor of the bill.
