The CFPB recently updated its FAQs on the Reg F debt collection rule, including information about electronic communication, opt-out notices and more. ACA will regularly feature updates on the FAQs when available from the CFPB.
01/19/2023 1:35 P.M.
3 minute read
The Consumer Financial Protection Bureau has published Debt Collection Rule FAQs for Regulation F, containing questions and answers that pertain to compliance with the rule. The FAQs cover call frequency issues, electronic communications, opt-out requirements and more.
ACA International regularly highlights the bureau’s updates to the FAQs. Read on to learn about guidelines related to opt-out requirements for electronic communication, updated July 27, 2022.
Q. Under the debt collection rule, can a person limit debt collector communications?
A. Yes, under the debt collection rule, if a person requests that a debt collector not use a specific method of communication or communication media in connection with the collection of a debt, a debt collector must not communicate or attempt to communicate with a person through that requested method or medium. 12 CFR Section 1006.14(h)(1).
For example, if a person tells a debt collector to “stop calling,” the person has requested that the debt collector not use telephone calls to communicate with that person, and the debt collector is prohibited from communicating or attempting to communicate with the person through telephone calls. Similarly, if a person tells a debt collector to “stop emailing me,” the person has requested that the debt collector not use email to communicate with the person. Comment 14(h)(1)-3.i. The debt collector may ask follow-up questions regarding preferred communication media to clarify a person’s statements. Comment 14(h)(1)-1.
Within a medium of communication, a person may request that a debt collector not use a specific email address or telephone number. For example, if a person has two mobile telephone numbers, the person may request that the debt collector not use one or both mobile telephone numbers. Comment 14(h)(1)-2. Similarly, if a consumer opts out of receiving emails at a particular email address or text messages at a particular telephone number, the consumer has requested that the debt collector not use that email address or telephone number to electronically communicate with the consumer. Comment 14(h)(1)- 3.ii.
If a person opts out of receiving electronic communications from a debt collector, the debt collector may send an electronic confirmation of the person’s request to opt out, provided that the electronic confirmation contains no information other than a statement confirming the person’s request and the debt collector’s intent to honor the person’s request. 12 CFR Section 1006.14(h)(2)(i). Any other communications or attempts to communicate sent to that particular email address or telephone number after the consumer opts out violate the Debt Collection Rule’s prohibition on harassing, oppressive, or abusive conduct, unless an exception applies or it is otherwise required by applicable law. 12 CFR Section 1006.14(h)(1) and 14(h)(2)(iii). However, if a person initiates contact with a debt collector using a medium of communication that the person previously requested the debt collector not use, the debt collector may respond once through the same medium of communication used by the person. 12 CFR § 1006.14(h)(2)(ii).
Related Content from ACA International:
If you have executive leadership updates or other member news to share with ACA, contact our communications department at [email protected]. View our publications page for more information and our news submission guidelines here.