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H.R. 2296, CURB Debt Collectors Act

Summary

H.R. 2296, the Ceasing Undeserved Relief Benefits for Debt Collectors Act for 2021 (CURB Debt Collectors Act), was introduced in the House of Representatives April 1, 2021, by Ms. Bonamici and other members and referred to the Committee on Small Business. It would amend the Small Business Act to prevent predatory debt collectors from receiving paycheck protection program loans. Section 2 makes an individual or entity ineligible for a covered loan if it is a debt collector as defined in the Fair Debt Collection Practices Act and has been found to have violated that Act, with a final order or final judgment issued during the 10-year period ending on the date of the loan application. The amendments do not apply to any loan made before enactment.

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Issuer
Congressional materials
Document type
Bills Bills 117Hr2296Ih Bills 117Hr2296Ih
Case
Bills Bills 117Hr2296Ih Bills 117Hr2296Ih

Cite this document

“H.R. 2296, CURB Debt Collectors Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr2296ih-bills-117hr2296ih/, SHA-256 ca79147aa12d2745c4d821885437ed4f44316462c074cb5fdd73832ea16a7ccd.

Full text

                                                                                                                                                                        I




                                                                     117TH CONGRESS
                                                                        1ST SESSION
                                                                                                           H. R. 2296
                                                                       To amend the Small Business Act to prevent predatory debt collectors from
                                                                          receiving paycheck protection program loans, and for other purposes.




                                                                                   IN THE HOUSE OF REPRESENTATIVES
                                                                                                    APRIL 1, 2021
                                                                     Ms. BONAMICI (for herself, Ms. NEWMAN, Mr. COHEN, Mr. NADLER, Mr.
                                                                         TAKANO, Mr. BLUMENAUER, Ms. WILLIAMS of Georgia, Mr. GARCÍA of
                                                                         Illinois, Mr. COOPER, and Mrs. HAYES) introduced the following bill;
                                                                         which was referred to the Committee on Small Business




                                                                                                               A BILL
                                                                     To amend the Small Business Act to prevent predatory debt
                                                                        collectors from receiving paycheck protection program
                                                                        loans, and for other purposes.

                                                                       1              Be it enacted by the Senate and House of Representa-
                                                                       2 tives of the United States of America in Congress assembled,
                                                                       3     SECTION 1. SHORT TITLE.

                                                                       4              This Act may be cited as the ‘‘Ceasing Undeserved
                                                                       5 Relief Benefits for Debt Collectors Act for 2021’’ or the
                                                                       6 ‘‘CURB Debt Collectors Act’’.




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                                                                                                                                2
                                                                       1     SEC. 2. DEBT COLLECTORS INELIGIBLE FOR PAYCHECK

                                                                       2                             PROTECTION PROGRAM LOANS.

                                                                       3              (a) IN GENERAL.—Section 7(a) of the Small Busi-
                                                                       4 ness Act (15 U.S.C. 636(a)), as amended by the Economic
                                                                       5 Aid to Hard-Hit Small Businesses, Nonprofits, and
                                                                       6 Venues Act (Public Law 116–260), is amended—
                                                                       7                        (1) in paragraph (36), by adding at the end the
                                                                       8              following new subparagraph:
                                                                       9                                 ‘‘(W) DEBT                 COLLECTORS INELIGIBLE.—

                                                                     10                         An individual or entity shall be ineligible to re-
                                                                     11                         ceive a covered loan if—
                                                                     12                                          ‘‘(i) such individual or entity is a debt
                                                                     13                                  collector (as defined in section 803 of the
                                                                     14                                  Fair Debt Collection Practices Act (15
                                                                     15                                  U.S.C. 1692a));
                                                                     16                                          ‘‘(ii) such individual or entity has
                                                                     17                                  been found to have violated of any provi-
                                                                     18                                  sion of the Fair Debt Collection Practices
                                                                     19                                  Act (15 U.S.C. 1692 et seq.) pursuant
                                                                     20                                  to—
                                                                     21                                                   ‘‘(I) an adjudication by a Federal
                                                                     22                                          agency or an action brought in a
                                                                     23                                          court of competent jurisdiction if such
                                                                     24                                          adjudication or action constitutes an




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                                                                     25                                          exercise           of       enforcement                authority


                                                                                 •HR 2296 IH

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                                                                                                                                3
                                                                       1                                         under section 814 of such Act (15
                                                                       2                                         U.S.C. 1692l); or
                                                                       3                                                  ‘‘(II) any other action brought in
                                                                       4                                         a court of competent jurisdiction;
                                                                       5                                         ‘‘(iii) the adjudication or action de-
                                                                       6                                 scribed in clause (ii) was not resolved by a
                                                                       7                                 settlement agreement or consent decree
                                                                       8                                 that remains in effect as of the date on
                                                                       9                                 which such individual or entity applies for
                                                                     10                                  the covered loan if the adjudication or ac-
                                                                     11                                  tion was brought by a Federal agency; and
                                                                     12                                          ‘‘(iv) a final order or final judgment
                                                                     13                                  against such individual or entity pursuant
                                                                     14                                  to an adjudication or action described in
                                                                     15                                  clause (ii), as appropriate—
                                                                     16                                                   ‘‘(I) is issued or entered, as ap-
                                                                     17                                          propriate, during the 10-year period
                                                                     18                                          ending on the date on which such in-
                                                                     19                                          dividual or entity applies for the cov-
                                                                     20                                          ered loan;
                                                                     21                                                   ‘‘(II) has not been overturned;
                                                                     22                                          and
                                                                     23                                                   ‘‘(III) is no longer subject to ap-
                                                                     24                                          peal.’’; and



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                                                                     25                         (2) in paragraph (37)(A)(iv)(III)—


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                                                                                                                                4
                                                                       1                                 (A) in item (dd), by striking ‘‘or’’ at the
                                                                       2                        end;
                                                                       3                                 (B) in item (ee), by striking ‘‘; and’’ and
                                                                       4                        inserting ‘‘; or’’ ; and
                                                                       5                                 (C) by adding at the end the following new
                                                                       6                        item:
                                                                       7                                                            ‘‘(ff) an individual or entity
                                                                       8                                                  that, under subparagraph (W) of
                                                                       9                                                  paragraph (36), is ineligible for a
                                                                     10                                                   covered loan under such para-
                                                                     11                                                   graph; and’’.
                                                                     12               (b) APPLICABILITY.—The amendments made by sub-
                                                                     13 section (a) shall not apply with respect to any loan made
                                                                     14 prior to date of the enactment of this Act.
                                                                                                                                Æ




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