,,ii #aafth ,,congress #b;d ,session ,s4 #cefe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bb1 #bjbj,mr4 ,brown introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to amend the ,fair ,debt ,collection ,practices ,act to provide additional protections for consumers and small business owners from debt collection during a major disaster or emergency4 #a4 ,short title ,this ,act may be cited as the ,small ,business and ,consumer ,debt ,collection ,emergency ,relief ,act of #bjbj4 #b4 ,findings ,congress finds that-- 7#a7 the collection of debts involves the use of the mails and wires and other instrumentalities of interstate commerce2 7#b7 at times of major disaster or emergency1 the income of consumers and small businesses is often impaired and their necessary daily expenses often increase2 7#c7 temporary forbearance on debt collection is critical to fostering economic recovery and stability in the wake of major disasters or emergencies2 7#d7 temporary forbearance benefits not only consumer and small business debtors1 but also other creditors by avoiding downward collateral price spirals triggered by an increase in foreclosure activity2 7#e7 without forbearance1 many consumers and small businesses are unlikely to be able to pay their obligations according to their original terms and are likely to default on obligations or file for bankruptcy1 resulting in reduced recoveries for creditors1 and in the case of bankruptcy1 no recovery of unaccrued interest2 7#f7 with forbearance1 creditors are likely to realize greater long-term value because consumers and small businesses will be more likely to be able to repay their obligations after the major disaster or emergency has subsided2 7#g7 the legislative and administrative response to major disasters and emergencies may consist of multiple components divided among different statutes and programs2 and 7#h7 when evaluating whether property has been taken from a person without just compensation1 a holistic evaluation of the burdens and benefits of all legislative and administrative responses1 including indirect benefits from macroeconomic stabilization1 is appropriate4 #c4 ,restrictions on collections of debt during a national disaster or emergency 7a7 ,in general ,the ,fair ,debt ,collection ,practices ,act 7#ae ,u4,s4,c4 #afib et seq47 is amended by inserting after section #hab 7#ae ,u4,s4,c4 #afib;j7 the following3 #hab;,a4 ,restrictions on collections of debt during national disaster or emergency 7a7 ,definitions ,in this section3 7#a7 ,the term consumer means any individual obligated or allegedly obligated to pay any debt2 7#b7 ,the term covered period-- 7,a7 means-- 7i7 the period beginning on the date that is #a day after the date on which a major disaster is declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj71 where assistance is authorized under section #djh of that ,act 7#db ,u4,s4,c4 #eagd71 and ending #abj days after the end of the incident period for that disaster2 or 7ii7 the period beginning on the date that is #a day after the date on which an emergency involving ,federal primary responsibility is determined to exist by the ,president under section #eja7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7;b77 that simultaneously covers all ,states for a single incident1 event1 or emergency1 and ending #abj days after the end of the incident period for that emergency2 and 7,b7 includes the period beginning on the date that is #a day after the date of enactment of this ,act and ending on the date that is #abj days after the end of the incident period with respect to the emergency involving ,federal primary responsibility determined to exist by the ,president under the section #eja7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7;b77 with respect to the coronavirus disease #bjai 7,,covid-#ai74 7#c7 ,the term creditor means-- 7,a7 any person who offers or extends credit creating a debt or to whom a debt is owed or other obligation for payment2 7,b7 any lessor of real or personal property2 or 7,c7 any provider of utility services4 7#d7 ,the term debt-- 7,a7 means any obligation or alleged obligation that is or during the covered period becomes past due-- 7i7 for which the original agreement1 of if there is no agreement1 the original obligation to pay was created before the covered period1 whether or not such obligation has been reduced to judgment2 and 7ii7 that arises out of a transaction-- 7,i7 with a consumer2 or 7,,ii7 with a small business2 and 7,b7 does not include a federally related mortgage loan4 7#e7 ,the term debt collector means a creditor1 and any person or entity that engages in the collection of debt1 including the ,federal ,government and a ,state government1 irrespective of whether the debt is allegedly owed to or assigned to that person or to the entity4 7#f7 ,the term federally related mortgage loan has the meaning given the term in section #c of the ,real ,estate ,settlement ,procedures ,act of #aigd 7#ab ,u4,s4,c4 #bfjb74 7#g7 ,the term major disaster or emergency means-- 7,a7 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj71 where assistance is authorized under section #djh of such ,act 7#db ,u4,s4,c4 #eagd72 or 7,b7 an emergency involving ,federal primary responsibility that is determined to exist by the ,president under section #eja7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7;b77 that simultaneously covers all ,states for a single incident1 event1 or emergency4 7#h7 ,the term small business has the meaning given the term small business concern in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7b7 ,prohibitions 7#a7 ,in general ,notwithstanding any other provision of law1 no debt collector may during a covered period1 relating to a debt owed by a consumer or small business-- 7,a7 capitalize unpaid interest2 7,b7 apply a higher interest rate triggered by the nonpayment of the debt to the debt balance2 7,c7 charge a fee triggered by the nonpayment of the debt2 7,d7 sue or threaten to sue for nonpayment of a debt2 7,e7 continue litigation to collect a debt that was initiated before the date of enactment of this section2 7,f7 submit or cause to be submitted a confession of judgment to any court2 7,g7 enforce a security interest through repossession1 limitation of use1 or foreclosure2 7,h7 take or threaten to take any action to enforce collection1 or any adverse action for nonpayment of a debt1 or for nonappearance at any hearing relating to a debt2 7,i7 commence or continue any action to cause or to seek to cause the collection of a debt1 including pursuant to a court order issued before the covered period1 from wages1 ,federal benefits1 or other amounts due to a consumer or small business1 by way of garnishment1 deduction1 offset1 or other seizure2 7,j7 cause or seek to cause the collection of a debt1 including pursuant to a court order issued before the covered period1 by levying on funds from a bank account or seizing any other assets of a consumer or a small business2 7,k7 commence or continue an action to evict a consumer or small business from real or personal property2 or 7,l7 disconnect or terminate service from utility service1 including electricity1 natural gas1 telecommunications or broadband1 water1 or sewer4 7#b7 ,rule of construction ,nothing in this section may be construed to prohibit a consumer or small business from voluntarily paying1 in whole or in part1 a debt4 7c7 ,repayment period ,after the expiration of a covered period1 a debt collector shall-- 7#a7 not add to the past due balance any interest or fee prohibited by subsection 7b72 7#b7 for any debt with a defined payment period1 extend the time period to repay the past-due balance of the debt by #a payment period for each payment that a consumer or small business missed during the covered period1 with the payments due in the same amounts and at the same intervals as the pre-existing payment schedule2 7#c7 for an open end credit plan1 as defined in section #ajc of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afjb71 or other credit plan without a defined term1 allow the consumer or small business to repay the past-due balance in a manner that does not exceed the amounts permitted by the methods described in section #aga7;c7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afff;i-#a7;c77 and regulations promulgated under that section2 or 7#d7 shall1 if the debt has no payment periods1 allow the consumer or small business a reasonable time in which to repay the debt in affordable payments4 7d7 ,communications in connection with the collection of a debt 7#a7 ,in general ,without prior consent of the consumer or small business given directly to the debt collector during a covered period1 or the express permission of a court of competent jurisdiction1 a debt collector shall only communicate in writing in connection with the collection of any debt4 7#b7 ,required disclosures 7,a7 ,in general ,all written communications under paragraph 7#a7 shall inform the consumer or small business that the communication is for informational purposes and is not an attempt to collect a debt4 7,b7 ,requirements ,the disclosure required under subparagraph 7,a7 shall be made-- 7i7 in type or lettering not smaller than #ad-point bold type2 7ii7 separate from any other disclosure2 and 7iii7 in a manner designed to ensure that the recipient sees the disclosure clearly4 7e7 ,violation ,any person who violates this section shall-- 7#a7 except as provided in paragraph 7#b71 be subject to civil liability in accordance with section #hac as if the person is a debt collector for purposes of that section2 and 7#b7 be liable in an amount not greater than #aj times the amounts described in section #hac4 7f7 ,tolling ,except as provided in section 7g77#e71 any applicable time limitations1 including statutes of limitations1 related to a debt under ,federal or state law shall be tolled during the covered period4 7g7 ,claims of affected creditors and debt collectors 7#a7 ,claim ,a creditor or debtor may bring an action in an appropriate bankruptcy court of the ,united ,states-- 7,a7 asserting a taking under the ,fifth ,amendment to the ,constitution of the ,united ,states as a result of this section2 or 7,b7 seeking a declaratory judgment regarding the constitutionality of this section4 7#b7 ,exclusive jurisdiction ,the bankruptcy courts of the ,united ,states shall have exclusive jurisdiction over an action brought under this subsection4 7#c7 ,final judgment ,the bankruptcy court may-- 7,a7 enter a final judgment upon consent of the parties2 or 7,b7 may issue a report and recommendation1 which shall be subject to de novo review in the appropriate district court of the ,united ,states4 7#d7 ,valuation of property ,in an action described in under this subsection1 the value of the property alleged to have been taken without just compensation shall be evaluated-- 7,a7 with consideration of the likelihood of full and timely payment of the obligation without the actions taken pursuant to this section2 and 7,b7 without consideration of any assistance provided directly or indirectly to the consumer or small business from under any legislation enacted in response to a major disaster or emergency4 7#e7 ,scope of just compensation ,in an action under this subsection1 any assistance or benefit provided directly or indirectly to the any creditor or debt collector under any legislation enacted in response to a major disaster or emergency shall be deemed to be compensation for the property taken1 even if such assistance or benefit is not specifically provided as compensation for property taken by this section4 7#f7 ,appeals ,any appeal from an action under this subsection shall be treated under section #aeh of title #bh1 ,united ,states ,code1 as if it were an appeal in a case under title #aa1 ,united ,states ,code4 7#g7 ,repose ,any action asserting a taking under the ,fifth ,amendment to the ,constitution of the ,united ,states as a result of this subsection shall be brought within not later than #ahj days after the end of the covered period4 7h7 ,predispute arbitration agreements ,notwithstanding any other provision of law1 no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a dispute brought under this section1 including a dispute as to the applicability of this section1 which shall be determined under ,federal law4 4 7b7 ,severability ,if any provision of this ,act or the application of such provision to any person or circumstance is held to be invalid or unconstitutional1 the remainder of this ,act and the application of the provisions of this ,act to any person or circumstance shall not be affected thereby4 7c7 ,technical and conforming amendment ,the table of contents for the ,fair ,debt ,collection ,practices ,act is amended by inserting after the item relating to section #hab the following3 #hab;,a4 ,restrictions on collections of debt during national disaster or emergency4 4