A number of State Attorneys General have asked Congress to pull its head out of its ass and not pass the Practice of Law Technical Clarification Act (H.R. 5082) which would amend the federal Fair Debt Collection Practices Act (FDCPA) to exclude law firms and licensed attorneys engaged in “litigation activities,” shielding them from liability for abusive practices and preventing state attorneys general from using the FDCPA to bring enforcement actions against them. The amendment would also bar people from suing debt collection lawyers for damages and reasonable attorneys’ fees.
States who are participating in requesting Congress to not pass this legislation include California, Delaware, Hawaii, Iowa, Maine, Massachusetts, Maryland, Michigan, Minnesota, Nebraska, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Washington D.C.
North Carolina Attorney General Josh Stein said, “Debt collectors use all sorts of tricks to take advantage of vulnerable people. They don’t need the government’s help. Instead of using the judicial system to shield unethical debt collectors, we need to use it to hold them accountable.”
If you would like to learn more about the current status of this bill, you can click here.