,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fdbc ,,in ,,the ,,house ,,of ,,representatives ,march #ca1 #bjbj,mr4 ,lawson of ,florida introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to provide for a temporary debt collection moratorium during the ,,covid-#ai emergency period1 and for other purposes4 #a4 ,debt collection 7a7 ,temporary debt collection moratorium during the ,,covid-#ai emergency period 7#a7 ,in general ,the ,fair ,debt ,collection ,practices ,act 7#ae ,u4,s4,c4 #afib et seq47 is amended by inserting after section #hab the following3 #hab;,a4 ,temporary debt collection moratorium during the ,,covid-#ai emergency period 7a7 ,definitions ,in this section3 7#a7 ,consumer ,the term consumer means any natural person obligated or allegedly obligated to pay any debt4 7#b7 ,,covid-#ai emergency period ,the term ,,covid-#ai emergency period means the period that begins upon the date of the enactment of this ,act and ends upon the date of the termination by the ,federal ,emergency ,management ,administration of the emergency declared on ,march #ac1 #bjbj1 by the ,president under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #daba et seq47 relating to the ,coronavirus ,disease #bjai 7,,covid-#ai7 pandemic4 7#c7 ,creditor ,the term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed or other obligation of payment4 7#d7 ,debt ,the term debt-- 7,a7 means any past due obligation or alleged obligation of a consumer1 non-profit organization1 or small business to pay money-- 7i7 arising out of a transaction in which the money1 property1 insurance1 or services which are the subject of the transaction are primarily for personal1 family1 business1 non-profit1 or household purposes1 whether or not such obligation has been reduced to judgment2 and 7ii7 owed to a local1 ,state1 or ,federal government2 and 7,b7 does not include federally related mortgages 7as defined under section #c of the ,real ,estate ,settlement ,procedures ,act of #aigd7 unless a deficiency judgment has been made with respect to such federally related mortgage4 7#e7 ,debt collector ,the term debt collector includes a creditor and any person or entity that engages in the collection of debt 7including the ,federal ,government or a ,state government7 whether or not the debt is allegedly owed to or assigned to that person or entity4 7#f7 ,depository institution ,the term depository institution-- 7,a7 has the meaning given that term under section #c of the ,federal ,deposit ,insurance ,act2 and 7,b7 means a ,federal or ,state credit union 7as such terms are defined1 respectively1 under section #aja of the ,federal ,credit ,union ,act74 7#g7 ,non-profit organization ,the term non-profit organization means an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under subsection 7a7 of such section4 7#h7 ,small business ,the term small business has the meaning given the term small business concern under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7b7 ,prohibitions ,notwithstanding any other provision of law1 during ,,covid-#ai emergency period and the #abj-;day period immediately following1 a debt collector is prohibited from-- 7#a7 capitalizing or adding extra interest or fees triggered by the non-payment of an obligation by a consumer1 small business1 or non-profit organization to the balance of an account2 7#b7 suing or threatening to sue a consumer1 small business1 or non-profit for a past-due debt2 7#c7 continuing litigation initiated before the date of enactment of this section to collect a debt from a consumer1 small business1 or non-profit organization2 7#d7 enforcing a security interest1 including through repossession or foreclosure1 against a consumer1 small business1 or non-profit organization2 7#e7 reporting a past due debt of a consumer1 small business1 or non-profit organization to a consumer reporting agency2 7#f7 taking or threatening to take any action to enforce collection1 or any adverse action against a consumer1 small business1 or non-profit organization for non-payment or for non-appearance at any hearings related to a debt2 7#g7 except with respect to enforcing an order for child support or spousal support1 initiating or continuing any action to cause or to seek to cause the collection of a debt from wages1 ,federal benefits1 or other amounts due to a consumer1 small business1 or non-profit organization1 by way of garnishment1 deduction1 offset1 or other seizure1 or to cause or seek to cause the collection of a debt by seizing funds from a bank account or any other assets held by such consumer1 small business1 or non-profit organization2 7#h7 in the case of action or collection described under paragraph 7#g7 that was initiated prior to the beginning of the date of such disaster or emergency1 failing to suspend the action or collection until #abj days after the end of the ,,covid-#ai emergency period2 7#i7 upon the termination of the incident period for such disaster or emergency1 failing to extend the time period to pay an obligation by one payment period for each payment that a consumer1 small business1 or non-profit organization missed during the incident period1 with the payments due in the same amounts and at the same intervals as the pre-existing payment schedule of the consumer1 small business1 or non-profit organization 7as applicable7 or1 if the debt has no payment periods1 allow the consumer1 small business1 or non-profit a reasonable time in which to repay the debt in affordable payments2 7#aj7 disconnecting a consumer1 small business1 or non-profit organization from a utility prepaid or post-paid electricity1 natural gas1 telecommunications1 broadband1 water1 or sewer service2 or 7#aa7 exercising a right to set off provision contained in any consumer1 small business1 or non-profit organization account agreement with a depository institution4 7c7 ,violation ,any person who violates a provision of this section shall-- 7#a7 be treated as a debt collector for purposes of section #hac2 and 7#b7 be liable to the consumer1 small business1 or non-profit organization an amount equal to #aj times the damages allowed under section #hac for each such violation4 4 7#b7 ,table of contents amendment ,the table of contents at the beginning of the ,fair ,debt ,collection ,practices ,act 7#ae ,u4,s4,c4 #afib et seq47 is amended by inserting after the item relating to section #hab the following new item3 #hab;,a4 ,temporary debt collection moratorium during the ,,covid-#ai emergency period4 4 7b7 ,confessions of judgment prohibition 7#a7 ,in general ,chapter #b of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afca et seq47 is amended-- 7,a7 by adding at the end the following3 #adj;,b4 ,confessions of judgment prohibition 7a7 ,in general ,during a period described under section #hab;,a7b7 of the ,fair ,debt ,collection ,practices ,act1 no person may directly or indirectly take or receive from another person or seek to enforce an obligation that constitutes or contains a cognovit or confession of judgment 7for purposes other than executory process in the ,state of ,louisiana71 warrant of attorney1 or other waiver of the right to notice and the opportunity to be heard in the event of suit or process thereon4 7b7 ,exemption ,the exemption in section #ajd7a7 shall not apply to this section4 7c7 ,debt defined ,in this section1 the term debt means any obligation of a person to pay to another person money-- 7#a7 regardless of whether the obligation is absolute or contingent1 if the understanding between the parties is that any part of the money shall be or may be returned2 7#b7 that includes the right of the person providing the money to an equitable remedy for breach of performance if the breach gives rise to a right to payment2 and 7#c7 regardless of whether the obligation or right to an equitable remedy described in paragraph 7#b7 has been reduced to judgment or is fixed1 contingent1 matured1 unmatured1 disputed1 undisputed1 secured1 or unsecured4 2 and 7,b7 in the table of contents for such chapter1 by adding at the end the following3 #adj;,b4 ,confessions of judgment prohibition4 4 7#b7 ,conforming amendment ,section #acj7;a7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afdj7;a77 is amended by adding at the end the following3 ,for purposes of this section1 the term creditor refers to any person charged with compliance44