2021: Fitzpatrick Voted Against Modifying Consumer Protection Laws
Against Debt Collectors, Which Would Include Protections Regarding
Electronic Communications, Student And Medical Debt, Debt Collection
From Military Members, And Debt Collection Conducted By Government
Contractors. In May 2021, Fitzpatrick voted against the Comprehensive
Debt Collection Improvement Act of 2021 which would, according to
Congressional Quarterly, "make numerous modifications to existing law
related to consumer protections against debt collection practices,
including to extend protections related to electronic communications by
debt collectors, student loan and medical debt, debt collection from
servicemembers and debt collection by government contractors [...] The
bill would take effect 180 days after its enactment." The vote was on
passage. The House passed the bill by a vote of 215-207. The Senate did
not take substantive action on the bill. [House Vote 141,
5/13/21; Congressional
Quarterly, 5/13/21;
Congressional Actions, H.R.
2547]
The Bill Would Have Prohibited Debt Collectors From Electronically
Contacting Consumers Without Their Consent And Authorized The CFBP
To Require Collectors To Allow Consumer To Opt Out Of Any Means Of
Communication And Prohibited Sending Unlimited Electronic
Communications To Consumers. According to Congressional Quarterly,
"prohibit debt collectors from contacting consumers by email, text
message or social media without the consumer's consent. It would
authorize the Consumer Financial Protection Bureau to issue rules
requiring debt collectors to allow consumers to opt out of any
method of communication and prohibit the agency from issuing rules
allowing debt collectors to send unlimited electronic communications
to consumers." [Congressional Quarterly,
5/13/21]
The Bill Would Have Extended Prohibitions On Excessive Debt
Collection Activities To Government Contractors, Which Would Include
Requiring Federal Agencies To Hold Off 90 Days And Notifying
Consumers At Least 3 Times Before Selling Debt To A Debt Collector,
And Bar The Treasury Department From Hiring Debt Collectors For FEMA
Aid Overpayments. According to Congressional Quarterly, "extend
existing prohibitions on unfair or excessive debt collection tactics
to apply to debt collectors hired as contractors by federal, state
or local governments; require federal agencies to wait at least 90
days after a debt becomes delinquent and notify consumers at least
three times before transferring or selling such debt to a debt
collector; and prohibit the Treasury Department from contracting
debt collectors to recoup Federal Emergency Management Agency aid
overpayments, unless they occurred because of fraud or deceit of the
recipient." [Congressional Quarterly,
5/13/21]
The Bill Would Have Authorized Courts To Grant Injunctions For
Debt Collection Violations While Increasing Civil Penalties.
According to Congressional Quarterly, "increase civil penalties and
authorize courts to award injunctive relief for violations of debt
collection practices law; specify that such law applies to entities
engaging in non-judicial foreclosures." The vote was on passage. The
House passed the bill by a vote of 215-207. [House Vote 141,
5/13/21;
Congressional Quarterly,
5/13/21; Congressional
Actions, H.R.
2547]
The Bill Would Have Restricted Commercial Loan And Other Credits'
Written Agreements That Include Judgement Confession Or Other Waiver
Of Rights Regarding Lawsuits. According to Congressional
Quarterly, "restrict the use of written agreements in connection
with commercial loans or other credits that include a confession of
judgment or other waiver of rights in relation to a legal suit."
[Congressional Quarterly,
5/13/21]
The Bill Would Have Required Reports And Studies Over Debt
Collection Impacts On Military Members And Impacts Of Tactics During
The COVID Pandemic. According to Congressional Quarterly, "require
numerous Government Accountability Office studies and reports to
Congress, including on debt collection practices experienced by
servicemembers and debt collection practices during the COVID-19
pandemic." [Congressional Quarterly,
5/13/21]
2021: Fitzpatrick Voted Against Prohibiting Aggressive Debt Collection
Activities Against Active-Duty And Recently Discharged Military
Members. In May 2021, Fitzpatrick voted against the Comprehensive Debt
Collection Improvement Act of 2021 which would, according to
Congressional Quarterly, "prohibit debt collectors from using certain
aggressive debt collection tactics against active-duty or recently
discharged servicemembers, including threatening a servicemember with a
reduction in rank, having their security clearance revoked or
prosecuting them under the military justice system." The vote was on
passage. The House passed the bill by a vote of 215-207. The Senate did
not take substantive action on the bill. [House Vote 141,
5/13/21; Congressional
Quarterly, 5/13/21;
Congressional Actions, H.R.
2547]