Reg F Question of the Week: What are the Exceptions to 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 and exceptions to those prohibitions. ACA will regularly feature updates on the FAQs when available from the CFPB.

09/12/2022 11:15 A.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 and call frequency issues, and most recently featured updates on electronic communications and prohibitions on third-party communications.

ACA International 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.

Q. Are there exceptions to the general prohibitions against third-party communications?

A. Yes. The prohibition on third-party communications does not apply when a debt collector communicates with a person using the methods listed below. (12 CFR Section 1006.6(d)(2).

  • With the prior consent of the consumer given directly to the debt collector. A debt collector has not obtained the consumer’s direct prior consent if the consumer provided the consent to another third party, such as a creditor or a prior debt collector. See Comment 6(b)(4)(i)-2. Furthermore, direct prior consent must be given in advance of the communication to which it applies. Direct prior consent does not apply to the communication in which it is given.
  • With the express permission of a court of competent jurisdiction.
  • As reasonably necessary to effectuate a post-judgment judicial remedy.
  • For the purpose of acquiring location information, as provided in 12 CFR Section 1006.10.

The CFPB also notes the general prohibition on third-party communications covered last month by ACA applies to electronic communications from a debt collector about a debt. 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: Electronic Communications—Does the debt collection rule require debt collectors to communicate electronically with consumers?

Related Content from ACA International:

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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