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Consumer Financial Protection Bureau issues interim final rule requiring debt collectors to provide affirmative notice of the CDC Eviction Order to tenants in pursuing nonpayment evictions | Dentons Davis Brown
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HOT TOPIC: New Ruling From the Eleventh Circuit Court of Appeals
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CFPB requires debt collectors to inform tenants of eviction rights
The CFPB Monday issued an interim final rule (IFR) that requires debt collectors to provide tenants with written notice of their rights under the eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) amid the coronavirus pandemic. This rule applies to third-party debt collectors, but could impact credit unions that work with third-party collectors.
The rule prohibits debt collectors from misrepresenting tenants’ eligibility for protection under the moratorium, and those that evict tenants who have rights under the moratorium without first providing the written notice can be held accountable under the Fair Debt Collection Practices Act (FDCPA).
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A CFPB proposal to delay the effective date of two final rules
amending Regulation
F, which implements the
Fair Debt Collection Practices Act, was
published in the Federal Register. The comment deadline for the
proposed delay is May 19, 2021.
In October 2020, the CFPB adopted a final
rule in connection with the use of communications related to
debt collection. The final rule clarified prohibitions on
misleading representations, harassment and abuse, and unfair debt
collection practices. In December 2020, the CFPB adopted a
related final rule clarifying disclosure obligations for debt
BREAKING: 11th Circuit Holds Transmitting Data to Mail Vendor is Unauthorized Third-Party Disclosure Published on: 21 April 2021 at 03:00 p.m. ET April 21, 2021, 3 p.m. April 21, 2021, 3:10 p.m. insideARM.com The iA Institute
., No. 8:19-cv-983 (M.D. Fla. Oct. 29, 2019), the 11
th Circuit Court of Appeals heard oral arguments regarding whether the practice of using a mail house to send demand letters to consumers violated the Fair Debt Collection Practices Act (FDCPA). Today, the Court has given us their answer, holding that transmitting data to a mail house to generate and send demand letters to consumers does indeed violate the prohibition on third-party disclosure set forth in 15 USCA § 1692c(b).
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