The CFPB reminds landlords, consumer reporting agencies and others of obligations to accurately report rental and eviction information.
7/1/2021 11:00
The Consumer Financial Protection Bureau released a bulletin on July 1 noting that the federal eviction moratorium and other pandemic rental protections have ended. The Centers for Disease Control and Prevention (CDC)’s moratorium prohibition applied to an agent or attorney acting as a “debt collector” on behalf of a landlord or owner of the residential property, ACA previously reported.
“The CFPB intends to look carefully at whether landlords, property management companies and debt collectors are furnishing accurate information to CRAs and complying with their dispute-handling obligations under the Fair Credit Reporting Act,” according to the bulletin.
The CFPB said it will pay particular attention to whether furnishers are reporting debts that include:
- Amounts already paid on behalf of a tenant through a government grant or relief program; and
- Fees or penalties prohibited by CARES Act section 4024(b) or other laws
The CFPB also released a complaint bulletin on July 1 that expands on the 2020 Consumer Response Annual Report and focuses on federal student loan relief, economic impact payments and eviction protections.
The eviction moratorium and the CFPB’s interim rule in support of the moratorium prompted some lawsuits in opposition to those actions, ACA International previously reported.
The CFPB’s rule requires “debt collectors” to provide written notice to tenants of their rights under the eviction moratorium and prohibits “debt collectors” from misrepresenting tenants’ eligibility for protection from eviction under the moratorium. Attorneys who engage in eviction proceedings on behalf of landlords or residential property owners to collect unpaid residential rent may be “debt collectors” as defined by the FDCPA.
ACA filed comments on the interim final rule in May after collecting member feedback from those impacted by it.