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Back in November 2013 , the CFPB issued an Advance Notice of Proposed Rulemaking ( ANPRM ) on the FDCPA . They sought input from both first and third-party debt collectors and received more than 23,000 comments . On May 21 , 2019 , the CFPB issued a proposed rule to amend Regulation F garnering 14,000 comments on the proposal . In between the ANPRM and the proposal , the CFPB conducted a variety of consumer testing and surveys .
Attempting to Communicate
The final rule applies to debt collector “ communication ” with consumers . The FDCPA ’ s definition of communication now includes newer electronic media , such as email , text messaging and social media . It addresses the timing of communications , in addition to how those communications are made and where .
The term “ attempt to communicate ” is important and is defined as any act to initiate a communication or other contact about a debt with any person through any medium . An “ attempt to communicate ” includes an act to initiate a communication , or to solicit a response from a person , that is not successful . An example is when a debt collector calls a consumer , but the consumer does not answer the phone .
Limited-Content Message
What is and is not a “ limited-content message ” is very important . A “ limited-content message ” is not considered a collection communication under the final rule , rather it is defined as a voicemail message for a consumer that includes :
1 . A business name for the debt collector ( does not indicate the debt collector is in the debt collection business ).
2 . A request that the consumer reply to the message . 3 . The name ( or names ) of one or more person ( s )
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