The CFPB amicus brief before the 11th Circuit in Wiley v. Notte & Kreyling, P.C.deals with advising consumers to dispute a debt with the creditor and not the collector. The FDCPA requires that debt collectors disclose the specific steps consumers must take to properly dispute a debt or request information about the original creditor.
The FDCPA requires a debt collector, in certain situations, to “send the consumer a written notice containing” information about the debt and the consumer’s rights. 15 U.S.C. § 1692g(a). The question addressed in this amicus brief is: Whether the requirements of the E-SIGN Act, 15 U.S.C. § 7001-7006, apply when a debt collector wants to use an email to satisfy the written-notice requirement of § 1692g(a).
The Seventh Circuit invited the CFPB to present an amicus brief in Preston v. Midland Credit Management. The issue presented deals with the fact that the FDCPA prohibits debt collectors from “using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.” 15 U.S.C. § 1692f(8).
This is the text of a 2009 FTC advisory opinion dealing with a request from representatives of the debt collection industry that the FTC that action to clarify that the act of responding to a consumer dispute is not an attempt to collect a debt under the FDCPA. Further the representatives ask clarification that a consumer that sends a written dispute to a furnisher after having invoked his or her cease communication rights under the FDCPA has revoked the cease communication instruction for purposes of communicating with the furnisher to process the dispute.
This is the text of a 2008 FTC advisory opinion dealing with whether the FDCPA prohibits a debt collector from notifying a consumer of settlement options that may be available to avoid foreclosure. The opinion, with qualifications, finds such communication to be permissible.
This is the text of a 2007 FTC advisory opinion dealing with whether the FDCPA prohibits a debt collector from notifying a consumer who disputed a debt that the collector has ceased its collection efforts and concluding that it does not.
This document reprints the FTC’s 1988 Staff Commentary on the FDCPA, providing interpretations to most FDCPA provisions.
This CFPB compliance aid provides questions and answers pertaining to compliance with the Debt Collection Rule concerning limited content messages and telephone call frequency, including telephone call frequency presumptions, rebutting those presumptions and excluded calls from the telephone call frequency provision.
This CFPB compliance aid provides detailed instructions concerning debt collector disclosure of validation information that must be provided to a consumer in conjunction with or shortly after the first debt collector communication with the consumer.
The CFPB is issuing this compliance bulletin and policy guidance to remind debt collectors of their obligation to comply with the FDCPA’s prohibition on false, deceptive, or misleading representations or means in connection with the collection of any debt and unfair or unconscionable means to collect or attempt to collect any debt, and to remind consumer reporting agencies and information furnishers to comply with the Fair Credit Reporting Act’s accuracy and dispute resolution requ