Communicating with Consumers after the CFPB's Debt Collection Final Rules Take Effect

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I. Introduction -

On November 30, 2021, the Bureau of Consumer Financial Protection's ("CFPB") October and December 2020 Final Rules take effect. See 86 FR 48918-01. Among other things, the October and December 2020 Final Rules address communications with consumers under the Fair Debt Collection Practices Act ("FDCPA"). Created in 1977, the FDCPA was intended to "eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses." 15 USC § 1692(e). The October and December 2020 Final Rules seek to clarify the application and implementation of the FDCPA in light of the ever-changing world of communication technologies. This article highlights some of the key provisions on communicating with consumers provided in the October and December 2020 Final Rules.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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