Restoring Court Authority Over Litigation

Summary#

The bill would bar federal agencies from supervising, enforcing rules against, or regulating attorneys and law firms for activities related to court cases. It would also bar people from filing a civil case in federal court seeking relief for harm tied to an opposing attorney’s litigation activities. The bill would exclude attorneys and law firms from the Fair Debt Collection Practices Act’s definition of “debt collector” when they collect a debt through litigation for a client, with a related change to the Consumer Financial Protection Act. The bill was introduced and referred to House committees; it has not been enacted.

What it means for you#

Courts and attorney disciplinary bodies would remain responsible for overseeing attorneys’ conduct in litigation. A person could not seek relief in federal court for harm arising from an opposing attorney’s litigation activities. The bill would also limit federal agency authority over those activities.

Expenses#

No publicly available information.

Proponents' View#

The bill’s findings say that court oversight would avoid conflicting rules for attorneys and preserve courts’ authority over the legal profession. They also say that overlapping regulation and lawsuits can make it harder to obtain legal representation. These are statements in the bill, not established effects.

Opponents' View#

No publicly available information.