New updates to CFPB Regulation F represent the first significant changes to the FDCPA since it was established in 1977.
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New updates to CFPB Regulation F represent the first significant changes to the FDCPA since it was established in 1977.
The changes strengthen consumer protections by clarifying rules within the context of new technology and establishing additional disclosures for consumers.
Creditors and servicers should review their internal collection practices, and those that work with third-party debt collectors and debt buyers should review their third-party compliance efforts.
Regulation F has implemented the Fair Debt Collection Practices Act (FDCPA) since its enactment in 1977. The FDCPA prohibits debt collectors from engaging in harassment or abuse, making false or misleading representations, or engaging in unfair practices in debt collection, by restricting debt collectors' communications with consumers and other parties and requiring disclosures to consumers concerning the debts they owe.
In October 2020 the CFPB proposed revisions to Regulation F to further address communications and prohibitions in connection with debt collection. In December 2020 it amended Regulation F to clarify rules around collectors’ initial contact with consumers and provide a model collections notice; prohibit legal actions for time-barred debt; and establish requirements for furnishing consumer debt information to consumer reporting agencies. All revisions are slated to take effect Nov. 30, 2021.
The updates are the first significant changes to the FDCPA since its enactment in 1977. The CFPB’s final rules strengthen consumer protections established under the act by, among other things, clarifying application of the rules in the context of newer communication technologies and providing for additional disclosures to consumers.
Highlights of the final rules include:
Creditors and servicers—including but not limited to banks, credit unions, automobile and private student loan lenders, mortgage servicers and credit card issuers—that engage with third-party debt collectors and debt buyers should be aware of the new rules, and conduct a thorough review of their third party’s compliance efforts as part of their vendor management program. Since its inception, the CFPB has received thousands of complaints related to debt collection—many involving practices addressed in the finalized rules—and has brought numerous cases and public enforcements against third-party debt collectors. Since 2020, there have been seven public enforcement actions related to FDCPA violations, with civil penalties of $204,000 to $15 million in addition to required consumer redress.
Lastly, creditors and servicers should review their internal collection practices to determine whether any may create or constitute an unfair, deceptive or abusive act or practice (UDAAP) under section 1031 of the Dodd-Frank Act. Although the FDCPA specifically governs third-party collection activities, CFPB Bulletin 2013-07 makes clear that certain provisions of the FDCPA could apply to all persons and service providers protected from UDAAPs under the Dodd-Frank Act.