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#2229572 - 01/24/20 02:03 PM FDCPA
WABComply Offline
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Anybody have any knowledge where they are on the CFPB proposed rule on the FDCPA. last I can find is that the comment period ended in September of last year. I cannot locate on the CFPB site when they are looking to finalize it?

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#2229576 - 01/24/20 02:40 PM Re: FDCPA WABComply
rlcarey Offline
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Galveston, TX
Nothing has been released as far as I am aware. It is not a mandated change - so it really is up to them.
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#2229578 - 01/24/20 02:44 PM Re: FDCPA WABComply
Adam Witmer Offline
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Joined: Sep 2010
Posts: 2,658
That rule is still in the proposed rule stage and we should see a final rule sometime in 2020. The preamble to the Fall 2019 Regulatory agenda (released 12/26/19) said this:

"Finally, the Bureau issued an NPRM in May 2019, which would prescribe rules under Regulation F to govern the activities of debt collectors, as that term is defined under the Fair Debt Collection Practices Act. The Bureau's proposal would, among other things, address communications in connection with debt collection; interpret and apply prohibitions on harassment or abuse, false or misleading representations, and unfair practices in debt collection; and clarify requirements for certain consumer-facing debt collection disclosures. The proposal builds on the Bureau's research and pre-rulemaking activities regarding the debt collection market, which remains a top source of complaints to the Bureau. The Bureau also is engaged in testing of consumer disclosures related to time-barred debt disclosures that were not the focus of the May 2019 proposal. After testing, the Bureau will assess whether to issue a supplemental NPRM seeking comments on any disclosure proposal related to the collection of time-barred debt. The Bureau expects to take final action with regard to the May 2019 NPRM in 2020."
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#2230832 - 02/12/20 05:29 PM Re: FDCPA WABComply
Mel in WA Offline
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Joined: Mar 2013
Posts: 1,266
If a financial institution only collects its own debts, they are not considered a "debt collector" and therefore this does not apply, correct?

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#2230852 - 02/12/20 06:26 PM Re: FDCPA WABComply
rlcarey Offline
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rlcarey
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Galveston, TX
Correct. Might be governed under State collection laws however.
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#2230858 - 02/12/20 06:33 PM Re: FDCPA WABComply
John Burnett Offline
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Cape Cod
I think it is fair to say that nothing changes for first-party collectors. But just as it is now under the Act only, a creditor who uses under unfair or deceptive practices to collect debts can be sued by a debtor or cited by a regulator for those practices.
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