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
This 2019 amicus brief prepared by the Solicitor General deals with the question whether the discovery rule applies to the FDCPA statute of limitations.
The Electronic Privacy Information Center drafted this amicus brief in Johansen v. Bluegreen Vacations Unlimited, Inc. (11th Cir. 2022) in an appeal from the denial of class certification in this TCPA case. Telemarketers often take great care to conceal their identity and the identity of the seller on whose behalf they are calling, in order to make it impossible to sue.
This 2018 amicus brief prepared by the CFPB deals with the FDCPA’s statute of limitations, arguing that the limitations period runs separately for each discrete FDCPA violation. In this case, each communication violating the Act should be considered a discrete violation.
This Federal Register notice, 86 Fed. Reg. 48918 (Sept. 1, 2021) withdraws the delay of Regulation F’s effective date. In 2020, the CFPB finalized two rules revising Regulation F, which implements the FDCPA. As finalized, the Debt Collection Final Rules had an effective date of November 30, 2021. On April 7, 2021, the CFPB issued a proposal to delay that effective date by sixty days, until January 29, 2022. The CFPB, by this notice, is withdrawing that proposal for reasons described in the notice.
This 2018 amicus brief prepared by the CFPB and the Solicitor General deals with the question whether attorneys whose principal business is the conduct of home foreclosures are covered by the FDCPA. The brief argues that enforcement of a security interest through a nonjudicial foreclosure generally is not debt collection under the FDCPA and that any enforcement of a security interest, without more, generally is not debt collection under the FDCPA.
This is a CFPB amicus brief in support of the consumer in a Ninth Circuit appeal regarding pay-to-pay fees. The brief argues that the fees violate the FDCPA because they are not permitted by law unless a law expressly authorizes such fees. "Permitted by law" does not mean "permitted by any valid contract." An "amount" is "permitted by law" under section 1692f(1) only if a law expressly authorizes it. Allowing debt collectors to charge pay-to-pay fees absent express authorization is inconsistent with the FDCPA’s purposes.
The California Superior Court denies a high-cost installment loan creditor's (Opportunity Financial) attempt to dismiss a cross-complaint brought by the state alleging that the creditor was not the true lender in a rent-a-bank scheme with Finwise. The case is notable for a discussion of other cases dealing with whether a bank in a rent-a-bank scheme is the true lender.