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FDCPA Regulation F

Questions and answers pertaining to compliance with CFPB Regulation F on the FDCPA.Questions and answers pertaining to compliance with CFPB Regulation F on the FDCPA.

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The Debt Collection Rule permits debt collectors to send consumers a validation notice completely and accurately translated into any language, so long as the debt collector also either (1) sends an English-language version in the same communication or (2) previously provided the consumer with an English-language version in a prior communication. 12 C.F.R. § 1006.34(e)(1). The following is a “complete and accurate” Spanish translation of the model Englishlanguage validation notice in Appendix B of the Rule.

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The Bureau of Consumer Financial Protection (Bureau) is issuing this interim final rule to amend Regulation F, which implements the Fair Debt Collection Practices Act (FDCPA) and currently contains the procedures for State application for exemption from the provisions of the FDCPA. The interim final rule addresses certain debt collector conduct associated with an eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) in response to the global COVID-19 pandemic.

The CFPB issued this final rule to revise Regulation F, which implements the Fair Debt Collection Practices Act (FDCPA) and currently contains the procedures for State application for exemption from the provisions of the FDCPA. The Bureau is finalizing Federal rules governing the activities of debt collectors, as that term is defined in the FDCPA. The Bureau's final rule addresses, among other things, communications in connection with debt collection and prohibitions on harassment or abuse, false or misleading representations, and unfair practices in debt collection.

The Debt Collection Proposed Rule (Proposed Rule) proposes to clarify how a debt collector would provide certain required disclosures electronically. Though this document outlines and aids in understanding the Proposed Rule, it is not, itself, a proposed rule. All citations in this document are to sections of the Proposed Rule. For more information on the Proposed Rule, including a “Fast Facts” summary of the proposal, please visit:http://www.consumerfinance.gov/policy-compliance/guidance/implementation-guidance/.

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On May 7, 2019, the Bureau issued a proposal (the May 2019 Proposed Rule) to amend Regulation F, which implements the Fair Debt Collection Practices Act (FDCPA). The May 2019 Proposed Rule was published in the Federal Register on May 21, 2019 and would prescribe federal rules governing the activities of debt collectors, as that term is defined in the FDCPA. The supplemental proposal on time-barred debt supplements the May 2019 Proposed Rule by adding a proposed §1006.26(c), as well as a related provision of §1006.34(c), Model Forms, and Official Interpretations.

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