CLLA Newswire September 2017 Continued

Thursday, September 14, 2017
S. 1786 » Senate Bill S. 1786 was introduced on September 11, 2017.  A summary of the bill provides that the purpose is the amend the Fair Credit Reporting Act to enhance the accuracy of credit reporting as well as to provide greater rights to consumers who dispute errors in their credit reports.  After being read, the bill was referred to the Committee on Banking, Housing and Urban Affairs.  A copy of the bill is not yet available, however I will update you as soon as the text is published.♦

Thursday, September 14, 2017
H.R. 3705 » House Bill H.R. 3705 was introduced on September 7, 2017.  A summary of the bill states that the substance of the bill directs the Secretary of Veterans Affairs to require the use of certified mail and other language in certain debt collection activities.  After introduction in the House, it was referred to the House Committee on Veterans’ Affairs.  A copy of the bill is not available at this time; however, I will update you as soon as the text becomes available.♦

Wednesday, September 13, 2017
S. 1471 » Servicemember Debt Collection Reform Act » As previously advised, Senate Bill 1471 was introduced into the Senate and referred to the Armed Services Committee on June 28, 2017.  The bill directs a review and update of the Department of Defense regulations to ensure compliance with the consumer debt collection laws.

*On September 12, 2017 the substance of S. 1471 was added to Senate Bill 1519 – National Defense Authorization Act and was placed on the Senate Legislative Calendar No. 165.  More specifically the language in S. 1519 is as follows:

SEC. 653. REVIEW AND UPDATE OF REGULATIONS GOVERNING DEBT COLLECTORS INTERACTIONS WITH UNIT COMMANDERS.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review and update Department of Defense Instruction 1344.09 and any associated regulations to ensure that such regulations comply with Federal consumer protection laws with respect to the collection of debt. ♦

Wednesday, September 13, 2017
H.R. 3594 » Social Security Debt Recovery Act » As previously advised, the Social Security Debt Recover Act was introduced on July 28, 2017 to clarify the treatment of overpayments by the social security administration.  The bill was then referred to Ways and Means and the Committee on the Judiciary.

*On September 8, 2017, H.R. 3594 was referred to the Subcommittee on Regulatory Reform, Commercial and Antitrust Law.♦

Wednesday, September 13, 2017
H.R. 3553 – Bankruptcy Administration Improvement Act  » As previously advised, the Bankruptcy Administration Improvement Act was introduced on July 28, 2017 to increase the compensation paid to Chapter 7 trustees and increase the bankruptcy fees.  The bill was then referred to the House Committee on the Judiciary.

*On September 8, 2017, H.R. 3553 was referred to the Subcommittee on Regulatory Reform, Commercial and Antitrust Law.♦

Monday, September 11, 2017
SA 787 » Amendment To Bankruptcy Judgeship Act of 2017 » As previously advised, on September 5th, the Senate unanimously passed S. 1107.  The Act, introduced on May 11th, amends the federal judicial code convert certain temporary bankruptcy judges to permanent judges in several states, authorize the appointment of additional bankruptcy judges in some districts, as well as increase the quarterly fee payable to the U.S. trustee by chapter 11 debtors whose disbursements equal or exceed $1 million in a fiscal year.

The act was passed immediately after a substitute amendment to the Act by Senator Grassley was adopted by unanimous consent, however the content of the substitute amendment (S.A. 787) was unavailable at the time the Bill was passed.

The amendment has now been published and I have attached a copy for your convenience.  The amendment adds proposed Senate Bill 1237, the Family Farmer Bankruptcy Clarification Act to the Bankruptcy Judgeship Act.♦

Wednesday, September 6, 2017
Bankruptcy Judgeship Act of 2017 » Yesterday, September 5th, the Senate unanimously passed S. 1107 and will move to the House.  The Act, introduced on May 11th, amends the federal judicial code convert certain temporary bankruptcy judges to permanent judges in several states, authorize the appointment of additional bankruptcy judges in some districts, as well as increase the quarterly fee payable to the U.S. trustee by chapter 11 debtors whose disbursements equal or exceed $1 million in a fiscal year.  The act passed immediately after a substitute amendment to the Act by Senator Grassley was adopted by unanimous consent.  To date, the text of the substitute amendment (S.A. 787) is not yet published however, I will update when the information becomes available.♦

Tuesday, September 5, 2017
IRS Considers Expanding Types of Debt Private Companies Collect  » The internal revenue service intends to expand the number of tax debt accounts assigned to the four private debt collection agencies that were hired in April.  The agencies currently handle the collection of delinquent accounts from Form 1040 filers.  Mary Beth Murphy, the commissioner of the IRS Small Business/Self-Employed division, announced on August 22nd that the IRS aims to outsource the delinquent accounts for tax penalties and liabilities of businesses in 2019.

Sunday, September 3, 2017
Robocall Consent is “Creditor Specific’, Federal Judge Says » In a recent law suit, Plaintiff sued the Credit protection Association (CPA) for violation of the Telephone Consumer Protection Act.  Plaintiff owed debt to two creditors, Comcast and ComEd.  After CPA placed a call to Plaintiff in an attempt to collect said debt on behalf of Comcast, Plaintiff asked for the calls to stop and CPA closed the Comcast account with Plaintiff.  Later that year ComEd contracted with CPA, and CPA contacted Plaintiff in regard to his debt with ComEd.  Plaintiff sought damages for calls made after his initial request to stop collection calls.

On August 23, 2017, Judge Robert M. Dow Jr., of the U.S. District Court for the Northern District of Illinois issued a ruling that revoking consent is creditor-specific and Plaintiff needed to revoke consent separately for each creditor, not through the CPA.

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