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

Reg FThe CFPB recently updated its FAQs on the Reg F debt collection rule, including information about prohibitions on third-party communications. ACA will regularly feature updates on the FAQs when available from the CFPB.

08/30/2022 11:30 A.M.

2 minute read

The Consumer Financial Protection Bureau has published Debt Collection Rule FAQs for Reg F, containing questions and answers that pertain to compliance with the rule. The FAQs cover limited-content messages and call frequency issues, and most recently featured updates on electronic communications and prohibitions on third-party communications.

ACA regularly highlights the bureau’s updates to the FAQs. Read on to learn about exceptions to prohibitions on third-party communications updated on July 27, 2022.

  1. What is the debt collection rule’s general prohibition on third-party communications?
  2. Unless one or more of the exceptions discussed in Debt Collection Prohibitions on Third-Party Communications question two applies, a debt collector must not communicate in connection with the collection of any debt with any person other than:
  • The consumer;
  • The consumer’s attorney;
  • A consumer reporting agency (if otherwise permitted by law);
  • The creditor;
  • The creditor’s attorney; or
  • The debt collector’s attorney.

12 CFR Section 1006.6(d)(1)

For purposes of the general prohibition on third-party communications, the term “consumer” includes not only the natural person who is obligated or allegedly obligated to pay a debt, but also that natural person’s: (1) spouse; (2) parent (if the natural person is a minor); (3) legal guardian; and (4) confirmed successor in interest. If the natural person who is obligated or allegedly obligated to pay the debt is deceased, the term “consumer” also includes the executor or administrator of the natural person’s estate as well as the natural person’s surviving spouse, surviving parents (if the natural person was a minor), and confirmed successor in interest. 12 CFR Section 1006.6(a)(1)-(5); Comments 6(a)(1)-1, (a)(2)-1, and (a)(4)-1

For more information on the prohibition against third-party communications, see section six in the Debt Collection Small Entity Compliance Guide.

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

Next in the FAQ highlight: Prohibitions on third-party communications—do they apply to electronic communications?

Related Content from ACA International:

Recording Available – Reg F is Almost a Year Old: Learn Updates on Litigation and Compliance

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