Reg F Question of the Week: How Long is a Consumer’s Direct Prior Consent Valid?

FAQThe CFPB recently updated its FAQs on the Reg F debt collection rule, including information about prohibitions on telephone call frequency and exceptions to those prohibitions. ACA will regularly feature updates on the FAQs when available from the CFPB.

12/09/2022 12:00 P.M.

1.5 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 limited-content messages, call frequency issues and more.

ACA International regularly highlights the bureau’s updates to the FAQs. Read on to learn about guidelines for excluded calls related to telephone call frequency.

Q. How long is a consumer’s direct prior consent valid?

A. For purposes of the telephone call frequency exclusions, the maximum time a consumer’s direct prior consent to additional telephone calls is valid under the debt collection rule is seven days, even if the consumer agrees to a longer period. 12 CFR Section 1006.14(b)(3) and Comment 14(b)(3)(i)-2. However, as discussed in Debt Collection Telephone Call Frequency: Excluded Calls Question 1, once the debt collector has a telephone conversation with the consumer regarding the debt, the consumer’s direct prior consent expires. Further, a consumer may revoke their direct prior consent for additional telephone calls at any time. Any calls placed after the consumer’s direct prior consent expires count toward the telephone call frequencies unless an exception applies, or the debt collector obtains new direct prior consent from the consumer.

For more information about the prohibition against repeated or continuous telephone calls or conversations, see Section 7 in the Debt Collection Small Entity Compliance Guide .

Read the CFPB’s complete debt collection rule FAQs here.

Related Content from ACA International:

Reg F Question of the Week: Can a Debt Collector Use a Prerecorded Voicemail to Deliver a Limited Content Message?

Reg F Question of the Week: Are There Requirements for Electronic Communications?

Reg F Question of the Week: Prohibitions on Third-Party Communications?

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.


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