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A new bill called the Practice of Law Technical Clarification Act of 2018 (HR 5082) is generating lots of discussions, and not necessarily for good reasons. Among other things, the bill would make debt collection attorneys exempt from the Fair Debt Collection Practices Act (FDCPA) and preclude the Bureau of Consumer Financial Protection (CFPB) from exercising supervisory or enforcement authority over these attorneys.

Passing of the bill may lead to abusive or deceptive practices when it comes to debt collection. According to the article being used as the source, debt collection attorneys may be among the “most egregious” in engaging in misconduct involving debt collection, and the FDCPA plays a role in ensuring this misconduct is controlled. Per the article, there are many documented cases of debt collection attorneys allegedly obtaining judgments against low-income consumers, often resulting in their bank accounts being frozen, their wages being garnished, or even being coerced into a payment agreement.

To read more about the Practice of Law Technical Clarification Act of 2018, please visit https://thehill.com/blogs/congress-blog/politics/417861-dangerous-debt-collection-legislation-would-hurt-low-income.

This update is by Abril Law, a law firm comprised of attorneys Jorge M. Abril and Sinead Baldwin. Our services include medical reimbursement, collection-related litigation, and more. If you have any questions or wish to schedule an appointment with a commercial litigation attorney, please call 305-373-0901 to speak with one of our attorneys. We look forward to working with you.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.