[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Rules and Regulations]
[Pages 65668-65670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23559]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
12 CFR Part 1006
[Docket No. CFPB-2019-0022]
RIN 3170-AA41
Debt Collection Practices (Regulation F); Corrections
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Final rule; official interpretation; correcting amendments.
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SUMMARY: The Consumer Financial Protection Bureau (CFPB) published
``Debt Collection Practices (Regulation F)'' on January 19, 2021, to
revise Regulation F, which implements the Fair Debt Collection
Practices Act. Omissions in that document resulted in certain
paragraphs in the Official Interpretations (Commentary) not being
incorporated into the Code of Federal Regulations (CFR). This document
corrects the Official Interpretations to Regulation F by adding the
missing paragraphs to the CFR.
DATES: The corrections are effective on November 1, 2022.
FOR FURTHER INFORMATION CONTACT: Courtney Jean or Kristin McPartland,
Senior Counsels, Office of Regulations, at 202-435-7700. If you require
this document in an alternative electronic format, please contact
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The CFPB is issuing this document to correct two comments in the
CFPB's Commentary to Regulation F, which implements the Fair Debt
Collection Practices Act (FDCPA).\1\ In the final rule titled, ``Debt
Collection Practices (Regulation F)'' (January 2021 Final Rule),
published in the Federal Register on January 19, 2021 (86 FR 5766), the
CFPB included paragraph 3 under heading 30(a)(1) In general and
paragraph 3 under heading 38--
[[Page 65669]]
Disputes and Requests for Original-Creditor Information in its
commentary text for the rule, but omitted the related amendatory
instruction to add those specific paragraphs to the Commentary. In
addition, paragraph 2 under heading 38 was unintentionally omitted.\2\
These omissions were a scrivener's error. The CFPB is issuing this
correction to ensure that these paragraphs are incorporated into the
Commentary published in the CFR and to correct several typographical
errors in the comments themselves. To comply with Office of the Federal
Register requirements for amending commentary, this document re-prints
in their entirety both subsections of commentary in which the missing
paragraphs should have appeared.
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\1\ 15 U.S.C. 1692 et seq.
\2\ Paragraph 2 under heading 38--Disputes and Requests for
Original-Creditor Information was included in the final rule titled,
``Debt Collection Practices (Regulation F),'' published in the
Federal Register on November 30, 2020 (85 FR 76734). To comply with
Office of Federal Register requirements for amending commentary,
that paragraph also should have been included in the commentary text
for the January 2021 Final Rule.
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II. Regulatory Requirements
The CFPB finds that public comment on this correction is
unnecessary because the CFPB is correcting inadvertent, technical
errors, about which there is no basis for substantive disagreement.
Because no notice of proposed rulemaking is required, the Regulatory
Flexibility Act does not require an initial or final regulatory
flexibility analysis. The CFPB has determined that these corrections do
not impose any new or revise any existing recordkeeping, reporting, or
disclosure requirements on covered entities or members of the public
that would be collections of information requiring Office of Management
and Budget approval under the Paperwork Reduction Act.
List of Subjects in 12 CFR Part 1006
Administrative practice and procedure, Consumer protection, Credit,
Debt collection, Intergovernmental relations.
Authority and Issuance
For the reasons set forth in the preamble, the CFPB amends
Regulation F, 12 CFR part 1006, as set forth below:
PART 1006--DEBT COLLECTION PRACTICES (REGULATION F)
0
1. The authority citation for part 1006 continues to read as follows:
Authority: 12 U.S.C. 5512, 5514(B), 5532; 15 U.S.C. 1692L(D),
1692O, 7004.
0
2. In Supplement I to Part 1006--Official Interpretations:
0
a. Under Section 1006.30--Other Prohibited Practices, 30(a) Required
actions prior to furnishing information, 30(a)(1) In general is
revised.
0
b. Under Section 1006.38--Disputes and Requests for Original-Creditor
Information, the introductory text before 38(a) Definitions is revised.
The revisions read as follows:
Supplement I to Part 1006--Official Interpretations
* * * * *
Subpart B--Rules for FDCPA Debt Collectors
* * * * *
Section 1006.30--Other Prohibited Practices
30(a) Required actions prior to furnishing information
30(a)(1) In general
1. About the debt. Section 1006.30(a)(1) provides, in relevant
part, that 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 taking one of the
actions described in Sec. 1006.30(a)(1)(i) or (ii). Each of the
actions includes conveying information ``about the debt'' to the
consumer. The validation information required by Sec. 1006.34(c),
including such information if provided in a validation notice, is
information ``about the debt.''
2. Reasonable period of time. Section 1006.30(a)(1)(ii) provides,
in relevant part, that a debt collector who places a letter about a
debt in the mail, or who sends an electronic message about a debt to
the consumer, must wait a reasonable period of time to receive a notice
of undeliverability before furnishing information about the debt to a
consumer reporting agency. The reasonable period of time begins on the
date that the debt collector places the letter in the mail or sends the
electronic message. A period of 14 consecutive days after the date that
the debt collector places a letter in the mail or sends an electronic
message is a reasonable period of time.
3. Notices of undeliverability. Section 1006.30(a)(1)(ii) provides,
in relevant part, that, if a debt collector who places a letter about a
debt in the mail, or who sends an electronic message about a debt to
the consumer, receives a notice of undeliverability during the
reasonable period of time, the debt collector must not furnish
information about the debt to a consumer reporting agency until the
debt collector otherwise satisfies Sec. 1006.30(a)(1). A debt
collector who does not receive a notice of undeliverability during the
reasonable period and who thereafter furnishes information about the
debt to a consumer reporting agency does not violate Sec.
1006.30(a)(1) even if the debt collector subsequently receives a notice
of undeliverability. The following examples illustrate the rule:
i. Assume that, on May 1, a debt collector mails the consumer a
validation notice as described in Sec. 1006.34(a)(1)(i)(A). On May 10,
the debt collector receives a notice of undeliverability and, without
taking any additional action described in Sec. 1006.30(a)(1),
subsequently furnishes information about the debt to a consumer
reporting agency. The debt collector has violated Sec. 1006.30(a)(1).
ii. Assume that, on May 1, a debt collector mails the consumer a
validation notice as described in Sec. 1006.34(a)(1)(i)(A). On May 10,
the debt collector receives a notice of undeliverability. On May 11,
the debt collector mails the consumer another validation notice as
described in Sec. 1006.34(a)(1)(i)(A). From May 11 to May 24, the debt
collector permits receipt of, monitors for, and does not receive, a
notice of undeliverability and thereafter furnishes information about
the debt to a consumer reporting agency. The debt collector has not
violated Sec. 1006.30(a)(1).
iii. Assume that, on May 1, a debt collector mails the consumer a
validation notice as described in Sec. 1006.34(a)(1)(i)(A). From May 1
to May 14, the debt collector permits receipt of, monitors for, and
does not receive, a notice of undeliverability and thereafter furnishes
information about the debt to a consumer reporting agency. After
furnishing the information, the debt collector receives a notice of
undeliverability. The debt collector has not violated Sec.
1006.30(a)(1) and, without taking any further action, may furnish
additional information about the debt to a consumer reporting agency.
* * * * *
Section 1006.38--Disputes and Requests for Original-Creditor
Information
1. In writing. Section 1006.38 contains requirements related to a
dispute or request for the name and address of the original creditor
timely submitted in writing by the consumer. A consumer has disputed
the debt or requested the name and address of the original creditor in
writing for purposes of Sec. 1006.38(c) or (d)(2) if the consumer, for
example:
i. Mails the written dispute or request to the debt collector;
[[Page 65670]]
ii. Returns to the debt collector the consumer-response form that
Sec. 1006.34(c)(4) requires to appear on the validation notice and
indicates on the form the dispute or request;
iii. Provides the dispute or request to the debt collector using a
medium of electronic communication through which the debt collector
accepts electronic communications from consumers, such as an email
address or a website portal; or
iv. Delivers the written dispute or request in person or by courier
to the debt collector.
2. Interpretation of the E-SIGN Act. Comment 38-1.iii constitutes
the Bureau's interpretation of section 101 of the E-SIGN Act as applied
to section 809(b) of the FDCPA. Under this interpretation, section
101(a) of the E-SIGN Act enables a consumer to satisfy through an
electronic request the requirement in section 809(b) of the FDCPA that
the consumer's notification of the debt collector be ``in writing.''
Further, because the consumer may only use a medium of electronic
communication through which a debt collector accepts electronic
communications from consumers, section 101(b) of the E-SIGN Act is not
contravened.
3. Deceased consumers. If the debt collector knows or should know
that the consumer is deceased, and if the consumer has not previously
disputed the debt or requested the name and address of the original
creditor, a person who is authorized to act on behalf of the deceased
consumer's estate operates as the consumer for purposes of Sec.
1006.38. In such circumstances, to comply with Sec. 1006.38(c) or
(d)(2), respectively, a debt collector must respond to a request for
the name and address of the original creditor or to a dispute timely
submitted in writing by a person who is authorized to act on behalf of
the deceased consumer's estate.
* * * * *
Dani Zylberberg,
Counsel and Federal Register Liaison, Consumer Financial Protection
Bureau.
[FR Doc. 2022-23559 Filed 10-31-22; 8:45 am]
BILLING CODE 4810-AM-P