The district court also correctly concluded that
section 527(b) is narrowly tailored to promote this government interest, and creates a reasonable burden on attorneys and other debt relief agencies. The statute merely sets forth a list of information about bankruptcy proceedings that a debt relief agency—acting in return for the payment of money or other valuable consideration—must provide to its clients who are “assisted persons.” It does not limit the amount of information that the debt relief agency can provide, so the debt relief agency is free to expand upon, clarify, or even express disagreement with any of the provisions in the required statement. Furthermore, because
section 527(b) provides that the statement should be given to the client “to the extent applicable,” if the debt relief agency feels that some of the provisions of the statement are not relevant to its client, it can omit the irrelevant information. This language also provides great leeway for debt relief agencies deciding whether it is necessary to provide a client with the statement at all. If, for example, Hersh represents a creditor who qualifies as an “assisted person,”
section 527(b) only requires her to present the creditor with the statement if it is “applicable” to that client. Furthermore, although it may be a burden for a debt relief agency to determine whether a prospective client is an “assisted person” in three days, it would not be unduly burdensome to simply provide the person with the
section 527(b) statement, and explain that it may not be necessary.
Section 527(b) is narrowly tailored to Congress's interest in educating debtors about the bankruptcy system because it does not inhibit clients from obtaining relief, nor does it significantly interfere with the relationship between the debt relief agency and its client. As a debt relief agency, Hersh can provide her clients with all of the information she desires, she simply must
also provide them the basic information required by
section 527(b), but only when and to the extent that information is relevant to the client's situation (and she is free to add any appropriate explanation desired).