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Disclosure of Time-Barred Debt and Revival: Findings from the CFPB’s Quantitative Disclosure Testing (Feb. 2020)

This report presents the results of a large-scale online survey experiment designed to test several versions of Regulation F proposed disclosures to support the understanding of time-barred debt and revival. These data were collected by ICF International on behalf of the CFPB between May 2019 and September 2019. ICF International produced a detailed report, available at this link, on its methodology, including sampling, response rates, and question development.

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Table of Contents for Debt Collection Proposed Rule (May 2019)

This is the table of contents of the May 2019 version of the CFPB’s proposed Regulation F.

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Fast Facts for Debt Collection Proposed Rule (May 2019)

The CFPB has issued a proposal to amend Regulation F, which implements the Fair Debt Collection Practices Act (FDCPA). The proposal seeks public comment on Federal rules governing the activities of debt collectors covered by the FDCPA. Among other things, the proposal would incorporate many existing provisions of the FDCPA into Regulation F with only minor wording and organizational changes. This document generally focuses on the portions of the proposal that would substantially clarify or interpret FDCPA requirements.

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Electronic Disclosure Options Flowchart for Debt Collection Proposed Rule (May 2019)

This identifies the ways a debt collector may provide three disclosures electronically and meet the general requirement in Regulation F § 1006.42 to provide disclosures in a manner that is reasonably expected to provide actual notice and in a form that the consumer may keep and access later.

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Proposed Model Validation Notice (May 2019)

This is a proposed model validation notice as included in the CFPB’s Regulation F.

Geraldo v. Richland Holdings, Inc., 2017 WL 3174918 (D. Nev. July 26, 2017).

Jodway v. Orlans P.C., 2018 WL 1570303 (E.D. Mich. Mar. 30, 2018), aff’d on other grounds, 759 Fed. Appx. 374 (6th Cir. 2018).

Williams v. Web Equity Holdings, L.L.C., 2013 WL 6668619 (E.D. Mich. Dec. 18, 2013).

Jones v. Heartland Home Fin., Inc., 2008 WL 4561693 (E.D. Mich. Oct. 10, 2008).

Ham v. Midland Funding, L.L.C., 2018 WL 1626685 (W.D. Ky. Apr. 4, 2018).

Harrington v. DH Capital Mgmt., Inc., 2014 WL 5776203 (W.D. Ky. Nov. 5, 2014).

Benjamin v. Citibank, 2008 WL 5192239 (W.D. Ky. Dec. 11, 2008).

Reaves v. Am. Home Mortg. Servicing, Inc., 2017 WL 9478517, at *5 (E.D.N.C. Aug. 21, 2017), adopted by 2017 WL 4330244 (E.D.N.C. Sept. 29, 2017).

Perdido v. Midland Funding, L.L.C., 2017 WL 4682052 (E.D. Ark. Oct. 17, 2017).

Zeller v. Ventures Trust 2013-I-NH, 2016 WL 745373 (D. Colo. Feb. 1, 2016), adopted by 2016 WL 728370 (D. Colo. Feb. 24, 2016).