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CFPB Has Added New Rules to the FDCPA


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The CFPB has added some new rules to the FDCPA that went into effect November 30, 2021.  They are available in the Code of Federal Regulations.  

One of the new rules is that a collection agency cannot report a debt to the credit reporting agencies before contacting a consumer either by phone or by mail.  
 

§ 1006.30  Other prohibited practices.

(a)  Required actions prior to furnishing information--

(1)  In general. Except as provided in paragraph (a)(2) of this section, a debt collector must not furnish to a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)), information about a debt before the debt collector:

(i)  Speaks to the consumer about the debt in person or by telephone; or

(ii)  Places a letter in the mail or sends an electronic message to the consumer about the debt and waits a reasonable period of time to receive a notice of undeliverability. During the reasonable period, the debt collector must permit receipt of, and monitor for, notifications of undeliverability from communications providers. If the debt collector receives such a notification during the reasonable period, the debt collector must not furnish information about the debt to a consumer reporting agency until the debt collector otherwise satisfies this paragraph (a)(1).

https://www.fdic.gov/regulations/laws/rules/6500-600.html#fdic65001006.18

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