[Date]

Dear Senate Banking Committee Member:

As the Senate Banking Committee considers and prepares to mark-up H.R. 3505, the undersigned consumer writes to urge your opposition to the provision that will exempt check diversion companies from the Fair Debt Collection Practices Act in this legislation. This provision would undermine key consumer protections under federal law. I strongly oppose.

This provision will allow private for-profit companies to use the punitive power of the local prosecutor’s office to force consumers to pay for checks that they may not even owe, as well as exorbitant fees that are not authorized under state law. Consumers will be subjected to threats of criminal prosecution for not paying for the checks without being granted basic rights, such as the right to request copies of the checks or protections against unfair, abusive or deceptive collection practices.

This provision also places no reasonable limits on the activities of check diversion companies, which have a track record of abusing consumer rights throughout the country. Despite the fact that consumer organizations and the Federal Trade Commission have opposed this unjustifiable exemption in the past, it has been slipped into this bill without public hearings or genuine debate.

As the Committee prepares to mark-up this legislation, I urge you to go back to the drawing board to offer regulatory measures that offer consumers relief, not the potential for greater harm.

Sincerely,

[YOUR NAME]