Advocacy Update October 2023

Here’s the latest news of what’s happening in Washington and specific NCBA advocacy initiatives that we and our lobbyists have been engaged in over the past several weeks. Advocacy Support Fund and NCBA PAC donors receive a more detailed version of the update below, plus opportunities to speak directly with our team of lobbyists and other donor-only benefits. Make a contribution today to support our advocacy efforts in Washington! Reach out to nathan@creditorsbar.org with any questions.

Washington Update

Lawmakers returned to Washington D.C. in September, and despite all odds, Congress managed to pass a continuing resolution funding the government until November 17, 2023.

However, in a historic 216-210 vote on Tuesday, eight Republicans and all Democrats present voted to remove Kevin McCarthy (R-CA) from the speakership. Patrick McHenry (R-NC) took over as speaker pro tempore, or temporary speaker, until a new speaker can be elected.

This is of particular interest to our industry since McHenry's role as chair of the House Financial Services Committee is now uncertain. In the past, McHenry has purposely turned down the opportunity to run for speaker favoring being chair of the committee instead. French Hill (R-AR) is currently vice chair of the committee. McHenry will serve as temporary speaker, albeit with limited powers according to House rules, until a new speaker is elected. The House is in recess until next week when McHenry has scheduled the first votes for a new speaker to start on Wednesday.

Despite the appropriations process in September, there was other legislative activity. The House Financial Services Committee (HFC) held several hearings where the committee also held a markup, aimed at overseeing FinCEN. The Senate Banking Committee also had a busy month, with hearings on AI, oversight of the SEC, and housing and childcare pandemic programs.

Regulatory | CFPB Rulemaking on Medical Debt/FCRA

The CFPB announced that it was beginning a rulemaking process to remove medical bills from Americans’ credit reports. While the bureau has not decided on a specific proposal yet, they have released an outline of the proposals under consideration. NCBA’s recent conversations with the CFPB indicate that in addition to medical debt, and credit reporting, current Items of interest include, artificial intelligence, and data privacy.

Legislative

We continue to educate potential sponsors for our legislation, the Restoring Court Authority Over Litigation Act. In the past month we had productive meetings with Representative Darrell Issa‘s (R-CA) office. Rep. Issa is the Chair of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet. Other legislative meetings included Senator Ben Cardin (D-MD) Representative Veronica Escobar (D-TX) Representative Steny Hoyer (D-MD) and Representative Alex Mooney (R-WV).

Amicus

Previously NCBA filed an amicus brief in support of the Appellants in the Smith v. Javitch Block case that was pending before the Ohio Supreme Court. As Javitch did not prevail they filed a Petition for Writ of Certiorari to SCOTUS. NCBA, Ohio Creditors Attorney Association (OCAA) and ACA have agreed to file a collaborative brief in support of the Petition.

Around the States

While most state legislatures are not in session, there are several state bills of interest pending. In Massachusetts we continue to work closely with the Massachusetts Creditors Law Association (MCLA) against SB 629, and In Michigan with the Michigan Creditors Bar Association (MCBA) against SB 408. Both bills, among other things, seek to increase wage garnishment and other exemptions to onerous levels. In Michigan, NCBA facilitated an industry collaborative group that MCBA plays a significant leadership role in. As a result of MCBA’s advocacy, other associations and creditors have retained state lobbyists, engaged in grass roots advocacy, and are working with public relations professionals.