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US S3565

US S3565
Small Business and Consumer Debt Collection Emergency Relief Act of 2020


summary

Introduced
03/22/2020
In Committee
03/22/2020
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

116th Congress

Bill Summary

A bill to amend the Fair Debt Collection Practices Act to provide additional protections for consumers and small business owners from debt collection during a major disaster or emergency. This bill places restrictions on the collection of consumer and small business debts during a major disaster or emergency, including during the COVID-19 (i.e., coronavirus disease 2019) emergency period. Among other things, debt collectors may not during such a period enforce a security interest through a repossession or foreclosure, commence or continue litigation to collect a debt, terminate utility service, seize assets, commence or continue an eviction, or charge fees or apply a higher interest rate as a result of nonpayment. After such a period, debt collectors must provide certain repayment options including extending the repayment period for debts. Violations of these provisions are subject to civil enforcement.

AI Summary

This bill, the Small Business and Consumer Debt Collection Emergency Relief Act of 2020, amends the Fair Debt Collection Practices Act to provide additional protections for consumers and small business owners from debt collection during a major disaster or emergency, such as the COVID-19 pandemic. The bill places restrictions on debt collectors during a "covered period" that begins one day after the declaration of a major disaster or emergency and ends 120 days after the incident period. These restrictions include prohibiting debt collectors from enforcing security interests through repossession or foreclosure, commencing or continuing litigation, terminating utility services, seizing assets, commencing or continuing an eviction, or charging certain fees or higher interest rates. After the covered period, debt collectors must provide flexible repayment options. The bill also allows creditors and debt collectors to seek compensation for any potential takings under the Fifth Amendment, with specific provisions for how the value of the property and any government assistance should be considered.

Committee Categories

Housing and Urban Affairs

Sponsors (6)

Last Action

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (on 03/22/2020)

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