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CFPB Issues Rule In Support Of CDC’s Eviction Moratorium
by
Bernard Nash
|
Cozen O'Connor
The Consumer Financial Protection Bureau
(“CFPB”) issued an interim final rule clarifying and strengthening tenant protections under the Fair Debt Collection Practices Act (“FDCPA”), in support of the Centers for Disease Control and Prevention’s (“CDC”) COVID-19-related
eviction moratorium
.
The
rule
requires debt collectors to provide to tenants who may have rights under the eviction moratorium a written notice of those rights concurrent with an eviction notice or on the date that an eviction action is filed, and clarifies that notice given over the phone or by electronic means such as text or email is insufficient.
The CFPB notes that failure to provide the required tenant-rights
notice
is a violation of the FDCPA that may give rise to a private cause of action against debt collectors and result in actual damages, statutory damages, and attorneys’ fees.
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