Friday, November 12, 2021

NEW RULES ON TIME BARRED DEBT COLLECTION AND MORE


According to The Consumer Financial Protection Bureau (CFPB), two final rules issued under the Fair Debt Collection Practices Act (FDCPA) will take effect as planned, on November 30, 2021. And one of them deals with the attempted collection of old debts which would be subject to the statute of limitations.

At the CFPB website (emphasis supplied):

"Two final rules under the FDCPA will take effect in November. 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. 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."

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