Archive

CFPB UPDATES DEBT COLLECTION RULE FAQS

On July 27, 2022, the Consumer Financial Protection Bureau (CFPB)added 15 new questions and answers to its Debt Collector Rule FAQs. The expanded sections include: Prohibitions on Third-Party Communications; Electronic Communication; Electronic Communication: Opt-out Notice; and Unusual or Inconvenient Times or Places.

CFPB TARGETS DEBT COLLECTOR CONVENIENCE FEES

On June 29, the CFPB issued an advisory opinion affirming that federal law prohibits debt collectors from charging “pay-to-pay” fees. These charges, commonly described by debt collectors as “convenience fees,” are imposed on consumers who want to make a payment in a particular way, such as online or by phone. The advisory opinion is based on language in Section 808 of the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from collecting any […]

FDCPA AND REGULATION F – BACK TO NOVEMBER 30

On July 30, 2021 the Consumer Financial Protection Bureau announced that the two final rules (Regulation F) issued under the Fair Debt Collection Practices Act (FDCPA) will take effect as planned, on November 30, 2021. The CFPB issued a proposal in April 2021 that, if finalized, would have extended the effective dates to January 29, 2022. The CFPB has now determined that such an extension is unnecessary. Following this announcement, the CFPB will publish a formal notice […]

Final Final Fair Debt Collections Practices Act is Published

On December 18, 2020, the Consumer Financial Protection Bureau (CFPB) released the second part of its final rule, Regulation F, which implements the Fair Debt Collection Practices Act. The first part of the final rule was published on October 30, 2020. The most recent release has three primary components dealing with validation notices, passive debt collection through negative reporting, and the collection of time-barred debt.  Most notably, the provisions dealing with time-barred debt depart significantly […]