The CFPB on Friday announced that two final rules issued under the Fair Debt Collection Practices Act will take effect as planned, on Nov. 30, 2021.
The CFPB issued a proposal in April 2021 that, if finalized, would have extended the effective dates to January 29, 2022 to give parties more time to comply due to the COVID-19 pandemic. The CFPB said in a statement that it has now determined that such an extension is unnecessary. Following this announcement, the CFPB will publish a formal notice in the Federal Register withdrawing the April 2021 proposal.
The first rule, issued in October 2020, focuses on debt collection communications and clarifies the FDCPA’s prohibitions on harassment and abuse, false or misleading representations and unfair practices by debt collectors when collecting consumer debt. The second rule, issued in December 2020, clarifies disclosures debt collectors must provide to consumers at the beginning of collection communications.
The second rule also prohibits debt collectors from suing or threatening to sue consumers on time-barred debt, according to the CFPB. Additionally, the second rule requires debt collectors to take specific steps to disclose the existence of a debt to consumers before reporting information about the debt to a consumer reporting agency.
Credit unions can access debt collection resources to assist members on the CFPB website.