New FDCPA Rules Set for Fall

By Staff Writer August 03, 2021

The Consumer Financial Protection Bureau (CFPB) announced that two final rules issued under the Fair Debt Collection Practices Act (FDCPA) will take effect as planned, on Nov. 30. The CFPB issued a proposal in April that, if finalized, would have extended the effective dates to Jan. 29, 2022. The CFPB has now determined that such an extension is unnecessary. Following this announcement, the CFPB will publish a formal notice in the Federal Register withdrawing the April proposal.

The first rule, issued  last October, focuses on debt collection communications, and clarifies the FDCPA’s prohibitions on harassment and abuse, false or misleading representations, and unfair practices by debt collectors when collecting consumer debt. The second rule, issued in December, clarifies disclosures debt collectors must provide to consumers at the beginning of collection communications. The second rule also prohibits debt collectors from suing or threatening to sue consumers on time-barred debt. Additionally, the second rule requires debt collectors to take specific steps to disclose the existence of a debt to consumers before reporting information about the debt to a consumer reporting agency.

Nothing in this decision precludes the CFPB from reconsidering the debt collection rules later.

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Last modified on Monday, 09 August 2021 13:42