Understand how the CFPB’s Debt Collection Rule impacts you | Consumer Financial Protection Bureau (2024)

If you have a debt in collection, it’s often a challenging time. You may be having a difficult time financially and that can be frightening. And if a debt collector contacts you about your debts, you may have concerns about whether the debt collector is legitimate, whether the debt is yours, or if the amount the collector is seeking to collect is accurate.

The Fair Debt Collection Practices Act makes it illegal for debt collectors to harass or threaten you when trying to collect on a debt. In addition, on November 30, 2021, the CFPB’s new Debt Collection Rule became effective. This rule clarifies how debt collectors can communicate with you, including what information they’re required to provide at the outset of collection about the debt, your rights in debt collection, and how you can exercise those rights.

Here are five key things to know about the new debt collection rule.

What is a debt collection validation notice?

When a debt collector first communicates with you, or shortly thereafter, they’re generally required to provide certain information about the debt. When the information is provided in writing or electronically, it is called a validation notice, and it will generally include information like:

  • Name and mailing information of the debt collector
  • Name of the creditor to whom the debt is owed
  • Account number (if any) associated with the debt
  • An itemization of the current amount of the debt that reflects interest, fees, payments, and credits since a particular date that you may be able to recognize or verify with records
  • The current amount of the debt as of when the validation notice is provided
  • Information about your debt collection rights including how to dispute the debt

This notice is meant to help you identify whether you owe the debt and whether the collector’s information about the debt is accurate. The notice must include a “tear-off” form that you can send back to the debt collector to dispute the debt or take other actions.

How often can a debt collector call me?

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from repeatedly or continuously calling you with the intent to harass, oppress, or abuse you.

Under the Debt Collection Rule, collectors are presumed to violate the law if they place a telephone call to you about a particular debt:

  • More than seven times within a seven-day period, or
  • Within seven days after engaging in a phone conversation with you about a particular debt

These call frequency presumptions only apply to calls placed by the collector to you. They don’t apply to text messages, emails, and other types of media. Those media have other limitations.

Learn more about the rules for how often a debt collector can call you

When can a debt collector report my debt to a credit reporting company?

There are certain steps debt collectors must take before they can report a debt to a credit reporting company. They must do any of the following:

  • Speak to you by telephone or in person about the debt
  • Mail a letter or send an electronic communication about the debt and wait for a reasonable amount of time, generally 14 days, in case it is returned as undeliverable

If the debt collector sends you a validation notice, it means that they’ve satisfied their requirement to contact you and, in general, can begin reporting the debt to credit reporting companies, provided they follow other laws about credit reporting.

Learn more about the rule for reporting a debt in collection

Can a debt collector contact me on social media about a debt?

Debt collectors must follow certain rules if they contact you through social media, including:

  • Keeping the messages private – Their messages to you must be private and not viewable by the general public or by your friends, contacts, or followers.
  • Identifying themselves as a debt collector – If a debt collector attempts to send you a private message requesting to add you as a friend or contact, the debt collector must identify themself as a debt collector.
  • Providing a way for you to opt out of their communications – They must also provide you, in each message, a simple way to opt out of receiving further communications from them on that social media platform.

Learn more about restrictions around social media outreach

What is a “limited-content message?”

A “limited-content message” is a type of voicemail that a debt collector may leave for you that must include specific information. Limited-content messages must include:

  • A business name that does not indicate the caller is a debt collector
  • Telephone number(s) you can use to return the call
  • A request that you reply and the name(s) of who you can contact to reply

There’s also some optional information they can include, including suggested dates and time for you to reply. Voicemails that don’t follow these rules are not considered limited-content messages.

Learn more about limited-content messages

If you're having an issue with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372). You can also learn more about your debt collection rights.

Understand how the CFPB’s Debt Collection Rule impacts you | Consumer Financial Protection Bureau (2024)

FAQs

Understand how the CFPB’s Debt Collection Rule impacts you | Consumer Financial Protection Bureau? ›

Under the Debt Collection Rule, collectors are presumed to violate the law if they place a telephone call to you about a particular debt: More than seven times within a seven-day period, or. Within seven days after engaging in a phone conversation with you about a particular debt.

What is the purpose of the Consumer Financial Protection Bureau CFPB )? ›

We aim to make consumer financial markets work for consumers, responsible providers, and the economy as a whole. We protect consumers from unfair, deceptive, or abusive practices and take action against companies that break the law.

What is the Consumer Financial Protection Bureau Fair Debt Collection Practices Act? ›

The FDCPA and its implementing Regulation F govern the conduct of “debt collectors” when they collect “debt.” The statute and regulation generally define a debt collector as “any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of ...

What is the debt collection rule? ›

A debt collector, in collecting a debt, may not. harass, oppress, or abuse any person. Specifically, a debt collector may not. • Use or threaten to use violence or other criminal.

What does CFPB stand for in collections? ›

The Consumer Financial Protection Bureau (CFPB) helps consumers by providing educational materials and accepting complaints. It supervises banks, lenders, and large non-bank entities, such as credit reporting agencies and debt collection companies.

Is the CFPB effective? ›

Each year since 2011, we've audited and issued an opinion on CFPB's financial statements and related internal controls (e.g., processes to reasonably assure that transactions are properly authorized and recorded). We've found that statements were reliable and that controls over financial reporting were effective.

What is the role of the Bureau of consumer protection? ›

The FTC's Bureau of Consumer Protection stops unfair, deceptive and fraudulent business practices by collecting reports from consumers and conducting investigations, suing companies and people that break the law, developing rules to maintain a fair marketplace, and educating consumers and businesses about their rights ...

What is the Fair Debt Collection Practices Act describe its impact? ›

The FDCPA prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.

What are two protections provided by the Fair Debt Collection Practices Act? ›

The FDCPA also provides, for example, that debt collectors may not harass or annoy debtors, may not threaten debtors with arrest, and may not threaten legal action unless litigation actually is being contemplated.

What is the most common violation of the Fair Debt Collections Practices Act? ›

1. Harassment and Abusive Language. Among the most common FDCPA violations, harassment sits as one of the worst. Debt collectors may employ aggressive tactics in the hopes that you will become afraid and agree to pay the debt, just to end the abuse.

What is the new collection rule in CFPB? ›

On November 30, 2021, the Debt Collection Rule became effective. The rule clarifies how debt collectors can communicate with you, including what information they're required to provide you.

What is collection rule? ›

A collection rule defines an ordered sequence of other rules to execute when conditions are met. The other rules may be of varied types, including activities, other collections, decision tables, and decision trees.

What is the debt rule? ›

Key Takeaways

If you cannot afford to pay your minimum debt payments, your debt amount is unreasonable. The 28/36 rule states that no more than 28% of a household's gross income should be spent on housing and no more than 36% on housing plus other debt.

What is CFPB rules? ›

Rules and policy

The CFPB implements and enforces federal consumer financial laws to ensure that all consumers have access to markets for consumer financial products and services that are fair, transparent, and competitive.

What is the main purpose of the CFPB? ›

The CFPB was created under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The purpose of the CFPB is to promote fairness and transparency for mortgages, credit cards, and other consumer financial products and services.

What is the Consumer Financial Protection Bureau CFPB responsible for quizlet? ›

The CFPB is responsible for regulating all consumer financial products including mortgages, jurisdiction over enforcement of the Truth in Lending (TIL) Laws and the Real Estate Settlement Procedures Act (RESPA), and the creation of the new "Know before You Buy" program.

What is the purpose of the Consumer Financial Protection Bureau quizlet? ›

The Consumer Financial Protection Bureau (CFPB) was created as the oversight agency for consumer protection and enforces regulations for banks, most credit unions, and mortgage-related business. The CFPB was created as a response to the abuse and deceptive lending practices experienced during the financial crisis.

What is the purpose of financial consumer protection? ›

Financial consumer protection aims to ensure fair and responsible treatment of financial consumers in their purchase and use of financial products and services and their dealings with financial services providers.

What is the purpose of the Consumer Credit Protection Act quizlet? ›

A federal law designed to protect consumers from unfair credit billing practices. Provides guidelines for both consumers and creditors including procedures to manage disputes regarding billing statements. In addition, any interest accrued on the billing error has to be dropped if your claim is confirmed.

What is a permissible purpose of the CFPB? ›

The permissible purposes for which consumer reports are most commonly sought are those identified in FCRA section 604(a)(3), including for purposes related to credit, employment, insurance, and rental housing.

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