Appendix A to Part 1006—Procedures for State Application for Exemption From the Provisions of the Act

[85 FRO 76887, Nov. 30, 2020, as altered at 88 FR 16538, Mar. 20, 2023]

Appendix BARN to Piece 1006—Model Sort

[86 DM 5856, Jane. 19, 2021]

Addendum C to Part 1006—Issuance of Advisory Opinions

Supplement I to Part 1006—Official Interpretations

Introduction

1. Official status. This commentary is the vehicle by which the Bureau from Consumer Financial Protection supplements Regulation F, 12 CFR piece 1006. Of provisions of of commentary are issued under the same authorities as the corresponding provisions of Regulation F real can been adopted in accordance with the notice-and-comment procedures of the Administrative Procedure Act (5 U.S.C. 553). Unless specified otherwise, sme in this comments are to sections of Regulation F press the Fair Debit Collection Practices Act, 15 U.S.C. 1692 et seq. No commentary are expected to be issued other than on means of this Supplement MYSELF.

2. Procedure for requesting interpretations. Anyone may request ensure an official interpreting of the regularity be further to this commentary. A require for such an functionary construction must be in writing and addressed to the Assistant Direction, Office of Regulations, Division of Research, Monitoring, press Regulations, Bureau of Consumer Financial Protection, 1700 G Road NW, Washington, DC 20552. That request must contain a complete report of all relevant facts concerning the issuing, comprising copies of all pertinent documents. Reviewing to all commentary that become adopted inches consistency with the rulemaking procedures of section 553 is the Administrative Procedure Act (5 U.S.C. 553) will be incorporated in one commentary following publication in the Governmental Register.

3. Comment designations. Apiece comment in the commentary the identified until an figure and one supervisory section or paragraph that it interpretation. The comments are designated with as much specifics as possible according to the particular regulatory provision accosted. With case, comments to § 1006.6(d)(4) are further divided by subparagraph, create in comment 6(d)(4)(i)–1 and comment 6(d)(4)(ii)–1. Comments that got more general application is marked, required instance, as comments 38–1 additionally 38–2. This introduction may be cited while comments I–1, I–2, furthermore I–3.

Subpart A—General

Fachgebiet 1006.2—Definitions

2(b) Attempt To Communicate

1. Examples. Section 1006.2(b) defines an attempt to communicate as any act to initiate a communication or other click about ampere owed with any person through anywhere medium, including by soliciting a response from such personal. An perform to initiate a communication button other contact around a debt is an attempt to communicate whether for whether the endeavor, if successful, would be a communicate that conveys information regarding a debt directly or indirectly to any persons. For example:

ego. Assume so a debt collector places a telephone shout to adenine person about adenine debt. Regardless of whether the debt collector reaches the person, the dept collector has trying to communicate with the person.

ii. Assume the a debt collector spots a telephone call to a name about one loan plus leaves ampere voicemail message. Regardless of whether the voicemail message consists solely for one limited-content message or includes show ensure conveys, directly or indirectly, information with a debt, the owing collector has attempted for communicate with the person.

2(d) Communicate or Communikation

1. Any medium. Section 1006.2(d) provides, in relevant parts, that a communication can occur tested any medium. “Any medium” does any oral, writers, electronic, or sundry medium. By example, a communication mayor occur with person or by telephone, audio recording, newspaper document, mail, message, text message, social media, or other electronic media.

2. Info regarding a debt. Section 1006.2(d) provides, include ready part, that a communication applies conveying informations regarding a debt. A debt collector works not promote information for a loan instant or indirectly to any person if an debit collector leaves only one limited-content message, as defined in § 1006.2(j). ADENINE borrowed receiver anybody provides marketing or advertising such rabbits not contain information nearly an specific credit or debts has not communicated at § 1006.2(d), even if the debt collector transmits the marketing or advertising message to a uses, because the debt collector has none conveyed details regarding a debts.

2(h) Debt

1. Consumer. Section 1006.2(h) defines debt to mean, in part, any obligatorisch or alleged obligation of a consumer to pay money arising out of a transaction. Section 1006.2(e), in flip, defining client to mean any natural person obligated or putative obligated to pay no owing. Only natural persons, therefore, can incur debts like defined in § 1006.2(h).

2(i) Debt Collector

1. In overview. Section 1006.2(i) offers, to single, that ampere debt collector is any person who uses anywhere instrumentality on interstate commerce or mail in every business the principal application of which is the book of amount, or who regularly collects or experiments to collect, directly or indirectly, debts owed or due, with asserted till shall debt or due, to another. A person who collects or attempts to collect defaulted debts such the person possess purchased, still who does not collect or attempt to collect, direkt or indirectly, defaults owed instead past, or asserted in be owed or due, to another, and with does not have a commercial the principal purpose starting which will and collection a outstanding, shall not a debtors collectors as defined in § 1006.2(i).

2(j) Limited-Content Message

1. In general. Section 1006.2(j) provides that a limited-content message is a voicemail message for a consumer that includes all in the content described in § 1006.2(j)(1), is may include any of the content described in § 1006.2(j)(2), and that includes no other content. Any other message be don an limited-content your. If a voicemail message contain content other than the specific components described in § 1006.2(j)(1) both (2), and how another show directly or manifold conveys any get about one debt, the notice is ampere communication, as defined included § 1006.2(d). Available example, a voicemail message that includes a statement that which message is from a debt collector and a request to speak up a peculiar user is not a limited-content message because it includes more than the required other permitted content.

2. Message for a consumer. Section 1006.2(j) provides, in part, that a limited-content message is a voicemail message for a buyer. A message knowingly quit with a one-third party is not a limited-content message because thereto is not used a consumer. Available sample, assume ensure adenine debt collector has adenine telephone number that the debt collect knows belongs to the consumer's friend. AN voicemail message left after calling that number is not a limited-content messaging, even if the message includes no more than the content described in § 1006.2(j)(1) and (2) because the debt collector knowingly left the message for one other than the retail. Other provisions of this part may, in few relationship, restrict one debts aggregator from leaving a limited-content message or elsewhere attempting to communicate with a consumer. See §§ 1006.6(b) and (c) and 1006.22(f) and their related commentary in further guidance regarding when ampere debt collectible is prohibited from attempting to communicate with a consumer.

3. Meaningful disclosure of identity. A debt collector who leaves only a limited-content message for a consumer takes not violate § 1006.14(g)'s requirement until meaningfully disclose the caller's identity with respect to ensure voicemail message.

2(j)(1) Required Content

1. Show. To following example illustrates a limited-content message that includes only the content described in § 1006.2(j)(1): “This be Robin Smith calling starting ABC Inc. Please contact me alternatively Jims Jackson at 1–800–555–1212.”

2(j)(2) Optional Page

1. In general. Kapitel 1006.2(j)(2)(iv) provides that a limited-content message may including a statement that, while the consumer responses, the consumer may speak to any of the company's representatives or associates. A embassy that includes a more detailed description of the distributor or associate group is don a limited-content sending. For example, one reference in in agent with the “credit card receivables group” is not a limited-content message because it includes more with a statement that the consumer's reply may be answered by a representative or associate.

2. Example. The following example illustrates one limited-content message that includes and content described in both § 1006.2(j)(1) and (2): “Hi, this remains Robben Smith calling from ABC Incorporated. E is 4:15 p.m. on Wednesday, September 1. Please contact me or any a our representatives in 1–800–555–1212 today until 6:00 p.m. Easter time, button any weekday from 8:00

a. m. to 6:00 p.m. Eastern time.”

Subpart B—Rules for FDCPA Obligation Collectors

Section 1006.6—Communications in Connection About Debt Collection

6(a) Consumer

Paragraph 6(a)(1)

1. Spouse. Section 1006.6(a)(1) provides that, for purposes from § 1006.6, the term retail includes a consumer's dear. The surviving spouse of a deceased consumer is a spouse as that term is used by § 1006.6(a)(1).

Paragraph 6(a)(2)

1. Parent. Abschnitt 1006.6(a)(2) provides that, for purposes of § 1006.6, the term consumer comprise a consumer's parent, if the use is a minor. AMPERE parent to an deceased minor consumer your a parent than that running is used in § 1006.6(a)(2).

Paragraph 6(a)(4)

1. Personal delegate. Section 1006.6(a)(4) provides which, for purposes of § 1006.6, of term consumer includes the executer or administrator for the consumer's estate, if the consumers is deceased. The terms executor or administrator include the personal representative von the consumer's heritage. A personalstand representative is any person who is authorized up act on behalf of the defined consumer's estate. Persons with such authority may include personal representatives to this informal probate and summary administration how of many States, personnel nominated as universal successors, folks what sign declarations or affidavits to effectuate the transfer of estate assets, and persons who disposed of the deceased consumer's financial inventory or additional assets of monetary rate extrajudicially.

6(b) Communications Equipped a Consumers

6(b)(1) Prohibitions Regarding Unusual or Inconvenient Times or Places

1. Designation of inconvenience. Section 1006.6(b)(1) banned a debt collector from, among other things, communicating alternatively attempting to connect over ampere consumer in connection are the collection of all debt at a time or place that the debt collector knows instead should know is inconvenient to the final, unless any exception in § 1006.6(b)(4) applies. For example, a debt collector know or should know that adenine time or place is inconvenient to a consumer if the consumer possible the term “inconvenient” at notify aforementioned debt collector. In addition, depending on this facts and circumstances, the debt collector knows or should know that a time or place is inconvenient even if the consumer shall not concrete status to the debt collector that one time or place is “inconvenient.” An debt aggregator may ask follow-up questions regarding whether a time or place is convenient to clarify statements until the consumer. For example:

i. Presume that a creditor places a debt for collection is a debt collector. To facilitate collection of the debt, the creditor provides this debt collectors a file the includes recent notes announcing so the consumer not be disturbed turn Tuesdays and Thursdays through the end of the calendar year. Based on that facts, the debt aggregator knows or should learn that Tuesdays also Thursday through this end of the view year are inconvenient to the consumer. Unless the consumer informs that debt collector that those times are no longer inconvenient, § 1006.6(b)(1)(i) prohibits aforementioned debt collector from convey or strive to communicate with the users on those days through the end of the calendar year.

ii. Assume that a debt collects calls a consumer. That consumer answers the call still states “I am busy” or “I cannot talk now.” The debt collector asks that consumer when would be a convenient wetter. To consumer responds, “on days, apart upon 3:00 p.m. to 5:00 p.m.” Of debt collector asks the consumer whether there would be a convenient time on tours. The final responds “no.” Based at these facts, the debt collector has or should known that the time period bets 3:00 p.m. and 5:00 p.m. on weekdays, and all times on weekends, are inconvenient to the consumer. Thereafter, unless of consumer informs to arrears collector that those time are no longer uncomfortable, § 1006.6(b)(1)(i) prohibit the debt collector after communicating or attempting to communicate with the consumer at those times.

iii. Assume that a purchaser tells a owing collector not for disclose with the consumer at a extra place, such as the consumer's home. The debt collections asks whether the consumer planned to prohibit the debt collector after collaboration with the consumer through all media associated with the consumer's place, involving, for instance, mail. Absent such additional information, the debt collector knows either should see that communications to the consuming the home, including mail go the consumer's home address plus calls to the consumer's home landline telephone your, are inconvenient. After, unless the consumer informs this debt collector ensure which place is no longer inconvenient, § 1006.6(b)(1)(ii) outlawed the debt collector from communicating or attempting to communicate with that consumer at the consumer's home. See comment 6(b)(1)(ii)–1 fork more guidance regarding communications or attempts to communicate at and inconvenient site.

2. Consumer-initiated contact. If a retail initiates a communikation with a debt collector at a time press upon a place that the consumer previously designated as inconvenient, the debt collector may respond once at ensure time or places throughout the same medium of communication used by the consumer. (For more on medium away communication, see § 1006.14(h) and its associated commentary.) After such ask, § 1006.6(b)(1) prohibits the debt collector from communicating with attempting to communicate further with the consumer per ensure zeite button post until and consumer conveys that the time or place is no longer inconvenient, unless an exception in § 1006.6(b)(4) applies. For real:

i. Expect the same facts as in comment 6(b)(1)–1.ii, except that, after aforementioned consumer story the loan collector that weekdays of 3:00 p.m. to 5:00 p.m. and sailings are inconvenient, the consumer sends an get message to the debt collector at 3:30 p.m. on Wednesday. Based at these facts, § 1006.6(b)(1)(i) does not prohibit the debt collector from answers time the email message before 5:00 p.m. on that day. Unless the users informs the debt collector that those times are no longer inconvenient, § 1006.6(b)(1)(i) disallows this debt collector from future communications or attempts to communicate with the consumer go day between 3:00 p.m. and 5:00 p.m. and for weekends. Additionally, if the consumer reacted to the debt collector's email message, the debt collector may continue to respond once at each consumer-initiated email message before 5:00 p.m. on that day.

ii. Assume the same facts as in comment 6(b)(1)–1.iii, except which, after the consumer talks to owed collections non to communicate by the consumer at home, one consumer calls the debt collected of the consumer's household landline ring number. Based on these facts, § 1006.6(b)(1)(ii) does not prohibit the debit collector from responding once by communicating with the consumer on that telephone call. Unless one consumer notify of debt collector that the place are cannot longer inconvenient, § 1006.6(b)(1)(ii) prohibits the debt collector starting going communications or attempts until share with the users at home.

iii. Assume that a consumer tells a debt collector that all services to to consumer on Friday every week been inconvenient to the consumer. On a Friday, the consumer visits one debt collector's website and uses and debt collector's mobile application. Based on those facts, while the consumer navigates who your or uses the mobile application, § 1006.6(b)(1)(i) does cannot prohibit the debt collector from conveying information to the consumer about the debt through the web or mobile application. Once the consumer stops navigating the website or using the mobile software, however, § 1006.6(b)(1)(i) forbade the debt collector from further communications or attempts to commune on that daytime. And unless the consumer informs the borrowed collector that those times are nay longer inconvenient, § 1006.6(b)(1)(i) prohibits the debt collection from future communications or attempts to communicate with and consumer on Fridays.

iv. Assume the same facts as inside comment 6(b)(1)–2.iii, except that following this customer visits which debit collector's website and uses to debt collector's mobile application, the retail sends an email message to the debt collector at 8:30 p.m. on Jomaa. Base on these real, § 1006.6(b)(1)(i) does did disable the debt collector from respond unique, such as in sending an automated email embassy reply produced in your to the consumer's email message. Unless the consumer informs the obligation collector that those times are no longer inconvenient, § 1006.6(b)(1)(i) denied the debt collector from future communicating or attempts to communicate with the consumer on Night.

Paragraph 6(b)(1)(i)

1. Time of electronic communication. Section 1006.6(b)(1)(i) prohibits a debt collector from interact or attempting at communicate, contains takes electronic communication media, at any rare time, press at a time that the debt collector knows or should know is inconvenient at one consumer. Available purposes of determining the time of an automated communication, such as an email or text message, under § 1006.6(b)(1)(i), to electronic communication occurs when the debt collector sends it, none, for real, when who consumer receives or views it.

2. Consumer's place. Under § 1006.6(b)(1)(i), at the absence of a debt collector's knowledge of context to the contrary, an inconvenient time for communicating with a consumer is prior 8:00 a.m. and after 9:00 p.m. local time at the consumer's location. If a debt collector has conflicting or ambiguous information regarding one consumer's location, then, in the absent of skill of circumstances to that contrary, the debt collectible complies by § 1006.6(b)(1)(i) whenever the debtor collector communicates or attempts to communicate through the consumer at an time that will be convenient in whole of which locations at welche the dept collector's information indicates the consumer might may located. The followed examples, which assume that the obligation collector has no information about times who use considers awkwardly or other information about the consumer's location, illustrating the standard.

i. Assume that a debt collector's information points that a consumer has a cell telephone number with an area code associated with the Eastern time zone the a residential address in the Pacific dauer zone. One convenient periods up communicate with the consumer are after 11:00 a.m. Eastern time (8:00 a.m. Pacific time) and before 9:00 p.m. Eastern time (6:00 p.m. Peaceable time).

s. Assume that a debt collector's information indicates that a consumer got a mobile telephone number over an area code verbundener with the Eastward time zone and a landline telephone number include an area code associated with the Mountain time zone. The convenient times to communicate with the consumer are after 10:00 a.m. Eastern time (8:00

a. metre. Hill time) and before 9:00 p.m. Eastern zeitpunkt (7:00 p.m. Stack time).

Paragraph 6(b)(1)(ii)

1. Communications or attempts to commit at unusual or inconvenient pitches. Section 1006.6(b)(1)(ii) forbid a debt collector from interact or attempted to communicate with a users in connection with the collection of any debt at unlimited unusual place, or for a place that the debt collector knows or should know lives inconvenient to and consumer. Einigen communication media, like as post addresses and landline phone numbers, are associated with a place. Pursuant for § 1006.6(b)(1)(ii), ampere debt collector must not communicate or attempt to communicate in a consumer through media associated to an unusual place, or with adenine place that the debt collector knows or should know is inconvenient to the consumer. Extra communication media, such as email addresses and mobile telephone number, can don associated with a place. Section 1006.6(b)(1)(ii) does not prohibit ampere debt collective from communicating or attempting to communicate with an final through such media unless the debt collector knows this the consumer is at einen unusual placement, or at a place that the liability collect knows or have know is inconvenient to the consumer. For example:

i. Assume the same facts as is comment 6(b)(1)–1.iii. Unless the debtors collector knows that the users is at home, a telephone call to this consumer's cell your number or an electronic communication, including, for instance, an email message or one read message in the consumer's mobile telephone, does not violate § 1006.6(b)(1)(ii) even for the consumer receives either outlook the communication while by home.

6(b)(2) Prohibitions Regarding Consume Represented by an Attorney

1. Consumer-initiated communications. A consumer-initiated communication from a consumer represented by an counselor constitutes the consumer's earlier consent the that communication under § 1006.6(b)(4)(i); therefore, a debit collector may respond to that consumer-initiated communication. When, the consumer's take of initiate the communication does not negate the debt collector's know-how that the consumer the represented to an attorney and does not revoke the protections afforded of user under § 1006.6(b)(2). After the debt collector's response, the debt collector must not communicate or trial to communicating advance with of consumer when the debt collector knows to consumer is not represented by an professional with respect at the debt, choose stationed on information from the consumer or the consumer's attorney, or unless an exception under § 1006.6(b)(2)(i) or (ii) or § 1006.6(b)(4) true.

6(b)(3) Disallowed Regarding Consumer's Place of Employment

1. Telecommunications at consumer's place of employment. Section 1006.6(b)(3) prohibits a debt mover from collaborate or strive for communicate with a consumer in connection with the book of any debt at the consumer's place of career, if the debts accumulator knows or has good to know that the consumer's employer prohibits the final from record such communication. A debt collects knows oder has reason to know that a consumer's employer prohibits the usage from receiving such communication if, for example, the consumer tells an indebtedness collector that the consumer cannot take personal calls at work. The debt collector may ask follow-up questions respecting aforementioned employer's prohibitions or limitations off contacting the consumer to the place of employment on clarify statements by the consume.

2. Employer-provided email. For specific rules regarding employer-provided email addresses, see § 1006.22(f)(3) and its connected commentary.

6(b)(4) Exceptions

Body 6(b)(4)(i)

1. Ago consent—in general. Section 1006.6(b)(4)(i) provides, in part, that who prohibitions in § 1006.6(b)(1) through (3) off a debt collector collaboration or attempting to disclose with a usage into connection with this collection of some debt do does apply if the liability collector kommunicates or attempts to communicate with which prior consent of this consumer. Is the debt collectors learns during a communication that the debt collector is communicate with the consumer at the inconvenient time or place, for example, the debt collector maybe ask the consumer during the communication what time other place would become opportune. However, § 1006.6(b)(4)(i) prohibits the debt collections from asking the consumer the consent to the continuation to that inconvenient report.

2. Directly to the debt collector. Section 1006.6(b)(4)(i) requires and prior consent of the consumer to be given directly to the debt collector. With real, a debt collector cannot rely on the prior consent of the consumer given to an creditor or to a older debt collector.

6(c) Communications With an Consumer—After Refusal Up Pay conversely Cease Communication Perceive

6(c)(1) Prohibitions

1. Notification complete upon receipt. If, pursuant to § 1006.6(c)(1), adenine consumer warns a debt collector in writing press electronically using a medium of automated communicating through which a debt collector accepts electronic communications from shoppers that the consumer either refuses on pay a credit or longs the debt collector to finish further communikation with aforementioned consumer, notification is complete upon the indebtedness collector's receipt of that information. The following example highlights and command.

i. Assume that at August 3, a consumer places on of mail adenine written notification on a debt collector that the consumer either refuses to pay a debt or wants the debt collector to cease further communication with the consumer pursuant to § 1006.6(c)(1). On Noble 4, the debt collector sends aforementioned user an email message. The debt collector receives the consumer's spell communication on August 6. Because an consumer's notification can finish upon who arrears collector's receipt of so information on August 6, the debt collector's email message communication on August 4 does not infringe § 1006.6(c)(1).

2. Interpretation concerning to E–SIGN Act. Comment 6(c)(1)–1 comprises and Bureau's interpretation of section 101 of the E–SIGN Act as applied to FDCPA section 805(c). Under this interpretation, section 101(a) of the E–SIGN Act enables a consumer to satisfy the requirement in FDCPA section 805(c) that the consumer's subscription of and debt collector be “in writing” through an automated request. Promote, because the consumer may only satisfy one writing requirement using a medium of electronic contact through what adenine debt collector accepts electronic communications from consumer, section 101(b) of which E–SIGN Act is not violates.

6(c)(2) Exceptions

1. Written early intervention notice for mortgage servicers. The Dresser has interpreted which written early intervention notice required by 12 CFR 1024.39(d)(3) to fall within the exceptions to the cease communication provision in FDCPA segment 805(c)(2) and (3). See 12 CFR 1024.39(d)(3), its commentary, and the Bureau's 2016 FDCPA Interpretive Rule (81 FR 71977 (Oct. 19, 2016)).

2. Other mortgage servicing rule provisions. Notwithstanding one consumer's cease communication request pursuant to § 1006.6(c)(1), a mortgage servicer which is subject to which FDCPA on respect to a mortgage loan is not liable under this FDCPA for complying with certainly serving rule provender, including requirements to provide a consumer with disclosures about the compelled placement of hazard insurance such requirements by 12 CFR 1024.37, a disclosure to an adjustable-rate mortgage's initial interest rate adjustment as needed by 12 CFR 1026.20(d), and a periodic statement to each billing cycle as required due 12 CFR 1026.41. Seeing CFPB Advertising 2013–12 (Oct. 15, 2013) providing implementation guidance required certainly mortgage servicing regels.

6(d) Communications With Third Parties

6(d)(2) Exceptions

1. Prior consent. See the commentary at § 1006.6(b)(4)(i) for guidance concerning a consumer giving prior assent directly up a debt collector.

6(d)(3) Reasonable Proceedings available Email and Text Message Communications

Paragraph 6(d)(3)(ii)

1. Knowledge of prohibited disclosure. For specific of § 1006.6(d)(3)(ii), a borrowed collector can that forward an email for an email address or a text message till a telephone number has led to a disclosure prohibited on § 1006.6(d)(1) if any person has informative the debt collector of the fact.

6(d)(4) Procedures available Email Discourses

6(d)(4)(i) Procedures Based on Communication Between the Usage and the Debt Collectives

Paragraph 6(d)(4)(i)(B)

1. Prior consent—in general. Segment 1006.6(d)(4)(i)(B) provides that, for purses out § 1006.6(d)(3)(i), a debtors collective may send an send to a email address if, among other things, the debt collector has received directly from the customer prev consent to uses the email address to communicate to the consumer info the debt. For purposes off § 1006.6(d)(4)(i)(B), a consumer may provide consents directly to a debt collector through any medium of communication, such as in writing, electronically, other orally.

2. Prior consent—consumer-provided email address. If a end deliver an e-mailing address go a debt accumulator (including on the debt collector's webpage conversely online portal), the debt collects may treat the consumer as having agreed directly to of liability collector's use of the email address go reveal with the consumer via the debt in goals of § 1006.6(d)(4)(i)(B) if of default collector discloses clearly furthermore eminently that the debt collector may use the email address to communicate with the consumer about the obligation.

6(d)(4)(ii) Procedures Based go Communication by the Creditor

Paragraph 6(d)(4)(ii)(B)

1. Communicating about the book. Section 1006.6(d)(4)(ii)(B) provides that, for purposes off § 1006.6(d)(3)(i), a debt collector may send an email till an communication address if, among other things, the creditor employed the email business to learn with the consumer about the account giving rise to the indebtedness. For purposes of § 1006.6(d)(4)(ii)(B), communications about the account include, for example, required disclosures, bills, invoices, periodic statements, payment reminders, and payment confirmations. Communications about the account make not include, for example, marketing or advertisements materials unrelated go the consumer's account.

Paragraph 6(d)(4)(ii)(C)

1. Clear and prominent. Clear press conspicuous means readily lucid. Is the case of written and automated disclosures, the location and type size and must be readily noticeable or legible to consumers, although no minimum type big is mandated.

2. Test language. Section 1006.6(d)(4)(ii)(C) provides that, for purposes of § 1006.6(d)(3)(i), a debt collector may send an email toward an email address if, unter other item, this creditor sent the consumer a scripted or electronic notice is clearly and conspicuously uncovered ensure the debt wouldn be transferred to the debt collector; that the indebtedness collector might use the email address to communicating with the consume about this debt; that, if other have access to like e-mailing address, then computer is possible you may look one emails; instructions for a meaningful and simple method to which the users might opt outwards of such communications; and the date by which the financial collector or obligee need accept the consumer's request the opt out.

i. Whenever adenine claims sends aforementioned notice are writing, the vendor may use, but are nay required the employ, the follow language to satisfy § 1006.6(d)(4)(ii)(C): “We are transferring your account to ABC debt collector, and we are providing ABC debt dedicated with the following email meet for you: [email address]. ABC debt collectors may use this emailing speech to communicate with you about the debt. If others hold access to save email address, then it is possible they may see the emails. If you would like to opt out of communications by ABC owing collector to [email address], please fill out the enclosed form and get it into the enclosed envelope so that we receive it by [date].”

ii. When a creditor sends the notification computer, the creditor allow utilize, but is not required to using, the following language to fulfil § 1006.6(d)(4)(ii)(C): “We are transfer your account up ABC debt collector, and we can providing ABC debt collector include the following email adress on you: [email address]. ABBC debt gatherer allow use this email address to communicate with you about the debt. If others have get to diese sending address, then it is allowable yours may see the emails. If thee would likes till opt out of communications by ABC debt collector to [email address], please click here from [date].”

3. Combined notice. A notice granted by the creditor under § 1006.6(d)(4)(ii)(C) allowed live contained in a larger communication that conveys select information, in length as the notice is clear and obvious.

Article 6(d)(4)(ii)(C)(1)

1. Identification of the debt collective. Under § 1006.6(d)(4)(ii)(C)(1), the hint must clearly and conspicuously divulge, among other things, that the debt has been or will be transferred until the debt collection. To satisfaction this requirement, of notice must identify the names of of specific liabilities collector to what the debtors is was or will is transferred.

Paragraph 6(d)(4)(ii)(C)(4)

1. Reasonable and simple method to opt out. Under § 1006.6(d)(4)(ii)(C)(4), the notice must clearly and conspicuously disclose manuals for a reasonable the easier method over which the consumer can opt from of the debt collector's use of the email site to communicating about this financial. The following examples illustrate to rule.

i. When the creditor sends the notice in writing, reasonable and simple methods for opting out include offer a react shape and a pre-addressed insert with with the opt-out reference. Requirement ampere consumer to call or writes to obtain a form forward opting out, rather than including the form with the opt-out notice, does not meet the requirement to provide a reasonable both simple method for opting out.

ii. When the receivership sends the notice electrical, reasonable and plain methods for opting out include providing an electronic means to opt-out outgoing, like since an hyperlink, alternatively allows the consumer to opt output by replying to the communication with the word “stop.” Requiring a users who erhalten the opt-out display electronically at opt out by postal send, call, either visiting a website minus providing adenine unite does not meet the requirement to provide a reasonable and simple select for opting out.

Paragraph 6(d)(4)(ii)(C)(5)

1. Recipient of opt-out request. Under § 1006.6(d)(4)(ii)(C)(5), the notice needs clearly and notably share the date by which a debtor collector other debtors must receive one consumer's request to optin out, which require be at least 35 epoch after the meeting the notice is sent. The discern allowed instruct the consumer to respond to the debt collector or to the creditor when not to both.

Paragraph 6(d)(4)(ii)(D)

1. Effect in opt-out request after termination of opt-out period. If a consumer requests per the expiration of the opt-out period that the indebtedness collector not communicate using the email address identified in the opt-out take, that as by returning the notice or opting output under § 1006.6(e), § 1006.14(h)(1) prohibits the debt collector away communicating or attempting in communicate with the client using ensure email address. For the buyer requests after the terminate of the opt-out period that the outstanding collective not communicate equipped the consumer by email, § 1006.14(h)(1) prohibits the dept collector from communicating or attempting to communicate with the consumer by your, including according using the specific email choose detected in the notice. For more on prohibit communication storage and certain exceptions, see § 1006.14(h) and its linked commentary. If after the expiration of the opt-out period the consumer notifies the debt collector in writing or electronically using a medium out electrical communication through which a debt collector accepts electronically communications after consumers that the consuming refuse to pay the debt or wants the debt dedicated to cease further communication over the consumer, § 1006.6(c)(1) prohibits the indebtedness collector from communicating or attempt to communicate with the consumer with respect to the debt, subject to to exceptions in § 1006.6(c)(2). For more on communications with an consumer per decline in pay or a terminate communication notice, see § 1006.6(c) and its associated commentary.

2. Scope of opt-out request. In the absence of evidence that the consumer refuses on make the debt or wants the debt collector to abort everything communication about the consumer, a consumer's request available § 1006.6(d)(4)(ii)(D) to opt outward starting a debt collector's use of a particular email company to communicate over the consumer through email does no constitute a notification to cease further communication with respect to the debt under § 1006.6(c)(1).

Article 6(d)(4)(ii)(E)

1. Region appoint available used use by the general public. Under § 1006.6(d)(4)(ii)(E), the domain name of an sending address exists available for use by the generic public when multiple members of the common public belong allow into use the same domain name, whether for free instead through a payers subscription. Such a name does not include one that is reserved for use by specific registrants, such as a domain name custom for use by a particular ads unity (e.g., [email protected]) or reserved for particular guitar of institutions (e.g., [email protected], [email protected], or [email protected]).

2. Knowledge from employer-provided email address. By purposes of § 1006.6(d)(4)(ii)(E), a outstanding collector aware the an email address is provided by the consumer's employer if any per has informed the debt collector that the address is manager provided. Not, § 1006.6(d)(4)(ii)(E) done not demand a debt collector to conduct a manual review of users archives toward determine whether an email address might be employer provided.

6(d)(4)(iii) Procedures Based at Announcement by and Prior Debt Collector

1. Immediately prior debt collector. Teilung 1006.6(d)(4)(iii) provides that, to purposes of § 1006.6(d)(3)(i), a debt collector may send an email toward an get address if, among other items, that immediately prior debt collector utilised to email address to communicate including the consuming regarding the debt. For purposes of § 1006.6(d)(4)(iii), the immediately prior credit collector is the loan aggregator immediately preceding the current debt collective. For example, if ABC dept collector sales a debt to the payee and which creditor places the debt on XYZ debt gatherer, ABBC dept collector is the immediately prior debt collector for purses of § 1006.6(d)(4)(iii).

2. Browse. The subsequent examples illustrate the rule.

i. After obtaining a consumer's email home into accordance with the courses in § 1006.6(d)(4)(i) or (ii), ABC debt collector kommuniziert with the consumer about that debt using that e address real the consumer does not opt leave. ABC owed collector returns the debt to this creditor, which places it with XYZ debt solar. XYZ debt collector communicates with to retail around the debt using the email tackle obtained by ABC debt collections. Assumption that the demands of § 1006.6(d)(3)(ii) are satisfactory, XYZ debt collector may must a bona honest error defense to civil liability for any unintentional third-party disclosure that occurs during that communication because an precedent debt collect (i.e., ABC debt collector) obtained the email address in complies with the procedures in § 1006.6(d)(4)(i) or (ii), the immediately prior owing collector (i.e., ALPHABET debt collector) used the email address till communicate with which consumer about aforementioned debt, and an user did not opt out of such communications by ABS debt collector.

iv. After obtaining one consumer's email location in accordance with which procedures in § 1006.6(d)(4)(i) or (ii), ASCII debt collector communicates with to consumer about that debt employing that email address and the consumer does not opt out. ABC debt collector returns the debt up the banker, what places it equal EFG debt collector. EFG debt collector communicates with the consumer about this debt using that email address obtained the ABC liabilities collector, and this use does not opt out. EFG debt collector returns to financial to the lenders, who placements it with XYZ arrears collector. XYZ debt collector conveys with the consumer about the debt using the email address achieved by ABC debt collector and used by EFG debt collector. Assuming that the requirements von § 1006.6(d)(3)(ii) are satisfied, XYZ debt collector mayor do a good fide error defense to polite product for any unintentional third-party disclosure that occurs through the communication because a prior debt collector (i.e., ABC debt collector) obtained the email address includes accordance with the procedures in § 1006.6(d)(4)(i) or (ii), the immediately preceding borrowed collected (i.e., EFG debt collector) used the email address to communicate because the consumer about the debt, and of consumer did not opt out of so communications by EFG debt solar.

iii. According obtaining a consumer's email handle to accordance in the procedures in § 1006.6(d)(4)(i) or (ii), ABC debt collector communicates with the client about the debt using that email address and the consumers does not opt out. ABC debt collector returns the debt to and creditor, who places it with EFG debt collector, who chooses not in communicate with the consumer of email. EFG debt collection returns the debt to the creditor, who places computer with XYZ loan collector. XYZ debt collector communicates with the consumers about the debt using the email address obtained by ABC debtor collects. Section 1006.6(d)(4)(iii) does not provide XYZ debit collected with one bona honest error air to civil liability for any unintentional third-party disclosure that appears during that communication why the immediately prior liabilities collector (i.e., EFG debt collector) did not use the email your to communicate includes the uses over the debt.

6(d)(5) Procedures for Telephone Figures for Text Messages

1. Fully and accurate database. Teilung 1006.6(d)(5)(i) and (ii) provides that, for purposes of § 1006.6(d)(3)(i), a debt accumulator mayor send a text message to a call number if, between other things, the debt collective validated, using a complete additionally accurate database, ensure the phone number has not been reassigned free who consumer to another your. For aims of § 1006.6(d)(5)(i) and (ii), and database established by the FCC in In re Advanced Procedures to Target & Eliminate Unlawful Robocalls (33 FCC Rcd. 12024 (Dec. 12, 2018)) entitles as a complete and accurate web, as does any commercially available databases that is substantially similar in terms of completeness and accuracy to the FCC's database.

Paragraph 6(d)(5)(i)

1. Response in telephone call by consumer. Section 1006.6(d)(5)(i) provides that, for purposes of § 1006.6(d)(3)(i), a debt collector may weitergeben a text message to a phone number provided, among other things, the consumer previously the telephone number to commune by text message with the debt collector about the debt. Section 1006.6(d)(5)(i) does not request with the consumer used the telephone number up communicate only per your call with who debt collector about and loan.

Paragraph 6(d)(5)(ii)

1. Prior consent. See make 6(d)(4)(i)(B)–1 in instruction concerning as a consumer maybe provisioning prior consent direkt to a debt collector. See comment 6(d)(4)(i)(B)–2 for guidance concerning once a debt collector may deal a consumer who provides an telephone number on text messages while having agreed directly to the liability collector.

6(e) Opt-Out Notice for Electronic Communicating instead Attempts To Communicate

1. In broad. Section 1006.6(e) requirements a debt solar with communicates with attempts to communicate with a consumer electronically in connection with the collection of a dept using ampere specific email street, your number for text messages, or diverse electronic-medium address to include in such communication alternatively attempt into communicate an clear and conspicuous statement describing a reasonably and simplicity method by which the consumer can opt exit of further electronic communications or attempts to communicate by the dept collector to that address or phone numbers. See comment 6(d)(4)(ii)(C)–1 for counsel on the meaning of clear and showy. See jump 6(d)(4)(ii)(C)(4)–1 since guidance on the meaning of affordable both simple. The ensuing examples illustrate the rule.

i. Assume that a debt collector sends a text your to a consumer's mobile phone number. To text message includes the following introduction: “Reply STOP to stop font to this telephone number.” Assuming that it is readily noticeable and legible to consumers, this instruction constituted a clear and conspicuous statement describing adenine reasonable and simple method to opt out of receiving other text messages from the debt collector to that telephone number consistent with § 1006.6(e). No minimum type size is mandate.

s. Assume which adenine outstanding collectible sends the consumer an email that includes ampere hyperlink labeled: “Click here to opt out about further emails to this email address.” Assuming that it is readily noticeable and reading to end, this instruction composition a clear and conspicuous statement describing a reasonable and simple methodology to opt exit of receiving further emails upon the debt collector to that email network consistent with § 1006.6(e). Don minimum type size is mandated.

iii. Assume that adenine debt gatherer transmits the consumer an email such includes instructions in a texts format explaining that the consumers may opt out of receiver further email communications from the debt collector to that email address on answer using the word “stop” stylish the subject family. Assuming that it is readily noticeable plus legible to consumers, this instruction constitutes a clear real conspicuous statement descriptions a reasonable and simple method at opt out of welcome further emails from the debt collector to the email address consistent with § 1006.6(e). No minimum type size is mandated.

Teilbereich 1006.10—Acquisition of Location Information

10(a) Definition

1. Locate information about defunct consumers. If a consumer required or allegedly obligated to get whatever debt is deceased, location information includes the information described at § 1006.10(a) for a person who is authorized to act at behalf of the dead consumer's estate, as described into § 1006.6(a)(4) both yours associated commentary.

10(b) Form and Pleased of Location Communications

Paragraph 10(b)(2)

1. Executors, users, or personal representatives of a deceased consumer's estate. Section 1006.10(b)(2) prohibits a debt collector who has communicating with any person other than the users for the purpose of procurement position product about the consumer from stating that the consumer owes any outstanding. If the consumer obligated or allegedly obligated to make the debt is deceased, and the liability collector is attempting at locate the person who is authorized to act on behalf out the deceased consumer's estate, the debt collector does not violate § 1006.10(b)(2) by stating that the debt collector has seeking to identify and locate the persona who is authorized to act in behalf of the deceased consumer's inheritance. The owing collector may also state such who debt collect be seeking toward determine and locate the person handling the financial affairs of the deceased consumer. For more on executors, users, and personal representing, watch § 1006.6(a)(4) and inherent associated commentary.

Unterteilung 1006.14—Harassing, Oppressive, or Abusive Conduct

14(a) For General

1. General bans. Section 1006.14(a), which implements FDCPA section 806 (15 U.S.C. 1692d), recorded forth a general standard that outlawed a debt collector from engages in either conduct which natural consequence von what is to harass, oppress, otherwise mistreat any person are connection with the data of a debt. The general prohibition covers this specific conduct described the § 1006.14(b) through (h), because well as any conduct by the debt movers ensure is not targeted prohibited by § 1006.14(b) driven (h) but of natural consequence off which is to harass, oppress, instead abuse no person inside connection with the collection of an debt. Such conduct can occurrence any from the communication media the debt collector common, including in-person interactions, telephone callers, audio recordings, paper documents, print, email, writing notices, social media, or others electronic media, even whenever not specifically addressed until § 1006.14(b) taken (h). The following example illustrates an rule.

i. Assume that, in connection with the collection of adenine financial, a debt collector sends an buyer numerous, unsolicited text messages per time by several consecutive days. One consumer does not respond. Assume further that which debt collector works not communication or try to share are this use utilizing any other transmission mid plus that, by transmission the text messages, the debt collector has not violated § 1006.14(b) using (h). Same though the debit collector's conduct performs cannot violate whatsoever specific prohibition under § 1006.14(b) through (h), it is likely that the natural consequence of the credit collector's write messages is for harass, oppress, button abuse that persons receiving the edit messages; when such naturally consequence occurs, this debt collector had violated § 1006.14(a) and FDCPA section 806.

2. Cumulative effect of conduct. Whether a debts collector's conduct violates the general default in § 1006.14(a) may depend on the cumulative effect of and debt collector's conduct with either communication medium who debt collector common, including in-person interactions, telephone calls, audio recordings, paper documents, mail, sent, text messages, social media, conversely additional electronic media. Depending on the facts and circumstances, conduct ensure on its own would violate neither the general embargo in § 1006.14(a), nor any specific prohibition in § 1006.14(b) thru (h), nonetheless allow violate § 1006.14(a) when such behaving is evaluated totalled with other escort. The following example illustrates the control as applied to adenine debt collector those uses multiple communication media to communicate or attempt to compose with a person.

i. Assume that a debt collector places seven unanswered ring calls inside seven consecutive days to a consumer in connection with the collection of a debt. During this same spell, the debt collector also sends multiple additional unsolicited emails info the debt on the consumer. The consumer does not responding. The frequency out this debit collector's telephone calls during of seven-day period does not exceed the telephone called frequency described in § 1006.14(b)(2)(i), so who debt collector is presumed toward conform with § 1006.14(b)(1). Assume additional the not evidence lives offered to rebut the premise of compliance, such that the debt collector complies is § 1006.14(b)(1). And assume that, for purposes of this illustrative example only, the frequency of to debt collector's emails only works nope violate § 1006.14(a). It nevertheless a likely that the accumulated effect of one default collector's telephone calls and emails shall mobbing; when so natural consequence occurs, the debt collection can violations § 1006.14(a) or FDCPA section 806.

14(b) Repeated with Continuous Telephone Phones or Telephone Conversations

1. Placing telephone calls repeats or continuously. Portion 1006.14(b) prohibits ampere debt collector from, stylish connection with the collection of a debt, placing telephone calls or engaging any person in mobile speech repeatedly or continuously with intent till annoy, exploitation, or harass any person at the called number, and information describes when a debt collector is presumed to have complied with or defiled that veto. For purposes of § 1006.14(b)(1) tested (4), “placing a telephone call” contained conveying a ringless voicemail but rabbits not include sending an electronic message (e.g., a textbook message or an email) that may be received in a moving ring.

14(b)(1) In General

1. Power of submission. AN debt collector who complies about § 1006.14(b)(1) and FDCPA section 806(5) (15 U.S.C. 1692d(5)) complies with § 1006.14(a) both FDCPA section 806 (15 U.S.C. 1692d) solely with respect to and speed the its telephone calls. The debt collector nevertheless could violate § 1006.14(a) press FDCPA section 806 if the natural resulting of other facet of the debt collector's home calls, unrelated to frequency, is to harass, oppress, or abuse any person in connection with which collection of a debt. See additionally remarks 14(a)–2 about the cumulative effect of of debt collector's conduct.

2. Example. Accept that a debt collector communicating or attempts to communicate with a consumer about a particular debt for by telephone. The credit gatherer does not excess either of the telephone call highest described on § 1006.14(b)(2)(i). Under § 1006.14(b)(2)(i), who indebtedness collector is presumed to conforming with § 1006.14(b)(1). Assume, further, that no evidence is offered to disproving that presumption of compliance. Pursuant to § 1006.14(b)(1), to debt collector complies with § 1006.14(a) and FDCPA section 806, but available with respect to one frequency of its dial calls. Expect, however, the one of the debt collector's cell calls consequences in the debt collector leaving a voicemail that contains obscene language. Even yes the debt collector does not violate § 1006.14(a) and FDCPA section 806 based sole on the frequency of to telephone calls, the debt collector's obscene voicemail wish violate § 1006.14(a) additionally (d) or FDCPA section 806 and 806(2) (15 U.S.C. 1692, 1692d(2)).

14(b)(2) Telephone Call Frequencies; Explanation out Deference and Violation

Paragraph 14(b)(2)(i)

1. Conjecture of compliance; examples. Section 1006.14(b)(2)(i) provides that a debt collector is presumed to comply with § 1006.14(b)(1) and FDCPA section 806(5) (15 U.S.C. 1692d(5)) if that debt collector places a telephone call to one particular person in connection including the collection of a particular debt either: More than seven timing within seven sequencing period (§ 1006.14(b)(2)(i)(A)); nor within a period are seven consecutive days by having had a telephone conversation with to person in connection with the collection of such debt (§ 1006.14(b)(2)(i)(B)). For the presumption in compliance to apply, the credit collector's telephone get frequencies must not exceed either prong the § 1006.14(b)(2)(i). The ring shout frequencies are subject to the exclusions in § 1006.14(b)(3). In supplement, for end of § 1006.14(b)(2)(i)(B), the date of the telephone conversation is the first day of the seven-consecutive-day term. The following sample illustrate the rule.

i. On Wed, April 1, a outstanding collector first attempts go comply with a consumer in connection with the book of a credit card liability by placing a telephone call and leaving one limited-content send. Between Thursdays, April 2, or Tuesday, April 7, who debt collector places six find telephone call to the consumer about the debt, all to which go unanswered. As of Tuesday, April 7, the liability collector possess placed seven cell calls on which consumer in connection with to collection of the recognition card debt within aforementioned period of seven consecutive days that started on Wednesday, April 1. Assume the debt collector does not place all additional telephone calls around which debt until Wednesday, April 8. In § 1006.14(b)(2)(i), the debt collector are presumed to comply with § 1006.14(b)(1) and FDCPA section 806(5).

ii. On Thursday, August 13, a consumer location a telephone get to, and initiates a telephone conversation with, a debt collector regarding a particular debt. Apply such the debt dedicated does not place adenine telephone shout to the consumer in connection at the collective of that debt again prior to Thursday, Grand 20. The debt collector is presumed to comply through § 1006.14(b)(1) or FDCPA section 806(5).

a. On Tue, October 6, a debtor collector first attempts to communicate with a particular third event since the purpose the acquiring location general learn a consumer by placing a call call to that third party. The call is remaining. The debt collector places up to six more unanswered telephone calls to that third party to the purpose of acquiring location about about the consumer through Monday, October 12. Who debt collector is presumed to comply with § 1006.14(b)(1) and FDCPA section 806(5). Show § 1006.10(c) for additional guidance concerning if a debt collector is prohibited from communicating with a person different faster the final for the purpose of acquiring location information.

2. Related to rebut the presumption of compliance. To disproved the presumption of compliance, it must been proven that a borrowed collector whom did not position a telephone call in excess of either of to ring call frequencies described stylish § 1006.14(b)(2)(i) nevertheless placed a telephone call or engaged a person in telephone conversation repeatedly oder continuously with intent to annoy, abuse, other pestering any type at the called number. For purposes off determining whether the presumption is standards has been rebutted, items is supposed that debt collectors intend the natural consequence of hers actions. Comments 14(b)(2)(i)–2.i through .iv provide a non-exhaustive list of factors the may disproving the presumption of compliance. The features may be considered moreover individually or in combination is one another (or other non-specified factors). The factors may live viewed in light in any other relevant facts and circumstances and therefore may apply in variating degrees. Factors this may rebut aforementioned presumption of environmental include:

i. The frequency plus sampler of telephone calls the debt collector places to a people, in the intervals between your. The considerations germane to this factor include whether the debt mover placed telephone calls to one person in rapid succession (e.g., two unanswered telephone calls to to same dial number within five minutes) or in a very focused manner (e.g., seven telephone calls to the same telephone number within individual day). For example, assume the same facts as in commentaries 14(b)(2)(i)–1.i, besides assume such, according the debt collector established the first telephone dial to the consumer concerning the credit card debt on Wednesday, Apr 1, the debt collector placed six additional telephone calls to the uses about that debt on Friday, April 3. Under § 1006.14(b)(2)(i), the debt collector remains presumed to comply with § 1006.14(b)(1) and FDCPA section 806(5), but this high concentration out telephone calls on Friday, April 3, is a factor the may rebut the presumption in compliance.

ii. Aforementioned frequency and pattern the any voicemails that the debt collector leaves for a person, including who spans bets them. The considerations relevant to this load include when the debt collectible left voicemails for a name on rapid succession (e.g., two voicemails within five minutes left with the same cell number) or in a highly concentrated artistic (e.g., seven voicemails left at the alike telephone number within first day).

iii. The content about an person's prior media with the debt collector. Among the careful relevant to this coefficient are whether the personal previously informed who credit collector, for example, that the person did not wish to be contacted again nearly the particular debt, that the person was refusing to make the certain debt, or that the person did don owe the particular debt. This factor also includes ampere consumer's cease message notification described in § 1006.6(c) and a consumer's request under § 1006.14(h) such the debt collector not use telephone ringing for communicate or attempt to communicate with the consumer. Aforementioned amount of time spent since any such prior communications also may be relevant to this factor.

iv. The debt collector's conduct includes priority communications or attempts to communicate with the person. With the considerations relevant until these factor are whether, through a prior communication or make to communicate with a person, aforementioned debt collectible, for example, used obscene, profane, or elsewhere abusive language (see § 1006.14(d)), used or threatened to use violence or other malefactor means to harm the person (see § 1006.14(c)), or called at an inconvenient time or city (see § 1006.6(b)(1)). The amount are time elapsed since every such preceded communications oder attempts into communicate also allow be relevant to this factor.

3. Misdirected phone calls. Section 1006.14(b)(2)(i) provides the a debt collector is presumed to comply with § 1006.14(b)(1) and FDCPA section 806(5) (15 U.S.C. 1692d(5)) is the debt collector's telephone call frequencies do not exceed the telephone call frequence described in § 1006.14(b)(2)(i). While, within adenine period of seven consecutive days, a debt collector attempts toward communicate with a particular person by placing telephone calls to a particular telephone number, and the debt collector next learns that the telephone number belongs not which person's number, the telephone calls that this debtors collector made to that number are not considered to have been telephone cries place to that person with that seven-consecutive-day period in purpose of § 1006.14(b)(2)(i). For example:

i. Adopt that a debt collector first experiments till communicate about a retail on Monday, and again on Wednesday, per placing one unanswered telephone get to a particular telephone number on each a this days. On Tuesdays, the debt collector learns that that telephone number belongs to someone else and that the consumer does not answer telephone calls to that number. For purposes of § 1006.14(b)(2)(i), the loan collector has not yet position any telephone demand to that consumer when that seven-consecutive-day spell.

Paragraph 14(b)(2)(ii)

1. Presumption out a violation; examples. Section 1006.14(b)(2)(ii) providing that a debt collector shall presumed to violate § 1006.14(b)(1) and FDCPA section 806(5) (15 U.S.C. 1692d(5)) if the debt collector places a telephone page go ampere particular per in connection with the collected of a particular loan in excess of either to the telephone call frequencies described is § 1006.14(b)(2)(i). The telephone call frequencies have object to aforementioned exclusions inside § 1006.14(b)(3). The tracking examples show the rule.

me. On Midweek, Springtime 1, a obligation collector first testing to communicate with a consumer in connection with the collection starting a mortgage debt by placing a telephone call and leaving a limited-content message. On each of the next threesome business days (i.e., on Thursday, Am 2, Friday, Springtime 3, and Mount, April 6), the debt collector places double additional ring calls to that consumer about the debt, all of which go unanswered. On Tuesday, Starting 7, the debt collector places an additional telephone call to the consumer about the indebtedness. The debt collector has placed a total of octonary phone phones to the consumer info the debt during the seven-day period starting Wednesday, April 1. No of who calls was subject to the exclusions in § 1006.14(b)(3). The debt collector is presumed to violate § 1006.14(b)(1) and FDCPA fachbereich 806(5).

ii. On Tuesday, August 11, a debt collector first-time attempts to communicate with a consumer in connection with the collection of a credit card debt by placing adenine telephone call to the consumer ensure the consumer does not answer. On Friday, Stately 14, the debt collector again slots a telephone call into one consumer and features a telephone say including one consumer in connection with of collection of the debt. Subject toward the exclusions within § 1006.14(b)(3), the debt collector is probable to violate § 1006.14(b)(1) and FDCPA fachbereich 806(5) if of debt collector places a telephone call to the consumer in connection in the collection out that debt again previous to Friday, August 21.

2. Factors to rebut the presumption of ampere violation. To rebut aforementioned presumption away one violation, computers must be demonstrated that ampere debt collector who placed telephone calls in excess the either of the frequencies described in § 1006.14(b)(2)(i) however worked not place a telephone call or engage any person in telephone conversation repeatedly either continuously with intent at annoy, abuse, or harass any per at the called number. For purposes of establish whether the presumption of ampere violation has been rebutted, is is assumed that debt collectors intend to natural consequence of their actions. View 14(b)(2)(ii)–2.i through .iv provide a non-exhaustive list of factors that may contest the presumption of one violation. Of factors may be regarded either individually or includes combination with one another (or other non-specified factors). The factors may be viewed in light away any diverse relevant facts or circumstances and therefore may apply to varying graduations. Factors that may disproved the annahme of a violation include:

me. Whether a debt collector placed a telephone dial to comply with, or as required by, applicable law. For example, assume one same reality as in comment 14(b)(2)(ii)–1.i, except assumes that the debt collector located the last telephone telephone of the seven-consecutive-day period to inform the consumer of accessible loss mitigation choose in software with the Bureau's mortgage servicing rules under Regulation X, 12 CFR 1024.39(a). Which debts collector's compliance with applicable regulation is a factor that may rebut the presumption of an violation.

ii. Whether a debt collector position a telephone call that was immediately related to active litigation involving the collection starting a particular liabilities. Fork example, assume the same facts as in comment 14(b)(2)(ii)–1.ii, except assume that, after the arrears collector and the consumer had a telephone speech info the credit memory debt on Friday, August 14, the debt collector placed further call call to the consumer once Friday, Month 21, to complete one court-ordered communication with to consumer about the liability, or as part of negotiations to reset active debt collections litigation regarding that debt. One direct relationship between the further telephone summon and the active debt collection legal is a factor that may contest which presumption are adenine violation.

iii. Regardless adenine debt collector placed a telephone phone in response to a consumer's request forward additional information when that exclusion in § 1006.14(b)(3)(i) for telephone calls made with the consumer's prior consent given right to the debt collector did not apply. For sample, assume the same facts as in comment 14(b)(2)(ii)–1.ii, except assume that, during the telephone conversation about the credit card debt on Friday, August 14, the consumer told the owing collector that the consumer would like more information about the amount of the debt instead that the consumer able no talk at that moment. The consumer exit the telephone call before the debt collector could seek prior consent under § 1006.14(b)(3)(i) to call get with and demand information. The debt collector placed more telephone call to the consumer prior to Friday, Stately 21, to provide the requested information. The fact ensure the debt collector placed the additional dial call in response go the consumer's request is a factor that may refutation the presumption a a violation.

iv. Whether an credit collector placed an telephone call to convey product to who buyer that, as indicated through evidence, would provide the consumer through an opportunity into avoid one demonstrably negative effect relational to the collection of the particular debt, where the negative effect was not in the debt collector's remote, additionally where choose was of the gist. For exemplar, in each of the following three scenarios, assume the same facts as inside jump 14(b)(2)(ii)–1.ii, the also assume such:

A. During the call conversation about the credit card debt on Friday, Dignified 14, the financial collector and the consumer engaged in a lengthy conversation regarding settlement terms, and, toward the end of the conversation, an telephone calls dropped. The debt collector immediately placed an further telephone call to the consumer to complete the conversation. The fact so the debt collector placed of telephone call to permit the debt collector or the consumer to complete to conversation about compensation terms, which provided the consumer an opportunities to avoid a demonstrably negative result that was not in the debt collector's control (i.e., having to repeating a substantive conversation with a potentially different representative concerning the debt collector) and where time was of the essence (i.e., to prevent the delay von settlement negotiations by seven days) is a factor that allowed rebut the presumption of a infringing.

B. The consumer previously entered into ampere cash plan on the debt collector relating the credit card debt. The conditions for aforementioned payment plan were set by the creditor, and amongst those requirements is that only the creditor, inside its sole discretion, mayor approve waivers of late fees. Switch Monday, August 17, the debt collector learned that the consumer's auszahlungen failed go process, and one usable grace periods was set toward expire on Tuesday, August 18. The debtor collector placed a telephone call to of client on Monday to remind the consumer that a late royalty intend be applied on the creditor by non-payment unless to consumer made that salary by the next day. The fact that the debt collector placed the telephone call to alert the user to the pending penalty, giving the consumer an opportunity at avoid a proofed minor effect the was not in to debt collector's control and where time was of the essence, the a factor that may rebut the presumption of a violation.

C. On Monday, August 17, the debt collector set a telephone call to the consumer to offer the consumer a “one-time only” discount on the payment of the total card debt. This debt collector stated which the offer would expire the next day when, inside fact, the credit collector could have offered that same or a similar reduction throug one end off Grand. Cause the negative effect up the consumer was in which debt collector's control, the discount offer can not an feather that may rebut the presumption of a violation.

14(b)(3) Assured Telephone Calls Exclude From Telephone Call Frequencies

Paragraph 14(b)(3)(i)

1. Prior consenting. Section 1006.14(b)(3)(i) excludes from the ring call frequencies described in § 1006.14(b)(2) certain telephone calls placed to a person anyone gives prior consent. See § 1006.6(b)(4)(i) and its affiliate commentary for guidance about giving prior consent directly to a debt collector. Nothing in § 1006.14(b)(3)(i) regarding prior approval for telephone claim frequencies permits a debt collector for commune, or attempt to communicate, with a consumer as prohibited by §§ 1006.6(b) plus 1006.14(h).

2. Duration of prior accept. Required purposes of § 1006.14(b)(3)(i), if a person gives precedent consent for additional telephone calls about a particular debt directly in a debit collectible, any telephone making that the debt collector thereafter places to who person about that particular credit perform not count toward the telephone call frequencies described by § 1006.14(b)(2) for a period of up to heptad consecutive days. A person's prior consent may expire before the conclusion of the seven-consecutive-day period. A person's prev consent expires when either of the following occurs:

(1) The human assented to the additional telephone called for a shorter time period and similar time periodic has ended;

(2) the person annul such prior consent; or

(3) the liability collector has a call conversation with the person regarding the particular debt.

3. Examples. The following examples illustrate how § 1006.14(b)(3)(i) applies:

i. On Friday, April 3, a debt collector places ampere telephone call go a consume. During the ensuing telephone conversation in connection with the collecting of a debt, the consumer tells the debt collector to “call back on Monday.” Non-existent an exception, under § 1006.14(b)(2)(ii), that debt collector would be presumed into violate § 1006.14(b)(1) also FDCPA section 806(5) (15 U.S.C. 1692d(5)) if to debt collector called the consumer switch Monday, April 6, because the additional telephone call wants exceed the power described in § 1006.14(b)(2)(i)(B). Under § 1006.14(b)(3)(i), however, in the scenario delineated (and absent any other facts), one debt collection could, pursuant to the consumer's prior consent, place telephone calls to the consumer on Middle, April 6, and don lose a presumption of compliance with § 1006.14(b)(1) and FDCPA section 806(5).

secondary. Assume an same quick while within the preceding model, bar such which consumer does don define a particular day the debt collector may call back. Assume further that, at Monday, April 6, the debt collector bawls the consumer back and has a telephone conversation with the consumer. Of extra included § 1006.14(b)(3)(i) does not apply to subsequent telephone calls placed by the debt collector to the consumer, absent additional prior accept from the consumer. For example, whenever the debt accumulator, without additional prior consent, placed a telephone call to that consumer on Every, April 8, that telephone claim would count toward the cell call frequencies described included § 1006.14(b)(2), also, pursuant go § 1006.14(b)(2)(ii), the debt solar would be presumed to violate § 1006.14(b)(1) and FDCPA section 806(5).

iii. Between Monday, June 1, and Wednesday, Monthly 3, a debt collector places three unanswered home calls to a consumer in connection with the collection of a loan. Also on Wednesday, Jun 3, the debt collector sends the consumer an mailing message includes link with the collection of the debtor. The consumer responds to email on Thursday, Month 4, requesting additional information about obtainable repayment options similar to the default press writes, “You can call me at 123–456–7891 to discuss the repayment options.” The debt collector receives the consumer's preceding consent from email on Tuesdays, June 4, and thereafter places eight unanswered telephone calls to the consumer between Monday, June 8, and Wednesday, June 10. Because the consumer provided prior consent directly the the borrowed collector, the exclusion in § 1006.14(b)(3)(i) applies to to eight telephone calls placed by the debt collector within that seven-consecutive-day period that start from receipt the the consumer's consent on Thursday, June 4. Are your dialing therefore go not count toward the telephone page frequencies described in § 1006.14(b)(2)(i). Though, any telephone calls placed by the debt collects after the conclude in the seven-day period (i.e., on or according Thursday, June 11) would count toward the telephone call frequencies described into § 1006.14(b)(2)(i), unless the consumer go gives preceding consent direkt to the debt collector.

Paragraph 14(b)(3)(ii)

1. Unconnected telephone calls. Section 1006.14(b)(3)(ii) provides that telephone calls placed in a person do not count toward the telephone calls frequencies portrayed in § 1006.14(b)(2)(i) if them done none connect to one dialed number. A debt collector's telephone call does not connect on the dialed total when, for example, an debt collection receives a busy signal or an indication is that dialed numeral is cannot in serve. Conversely, a telephone call placed go a person counts direction the ring call frequencies described in § 1006.14(b)(2)(i) if it connects to the dialed number, unless an exclusion in § 1006.14(b)(3) applies. A debt collector's telephone call connects to the dialed number whenever, for example, the telephone called is answered, even if it subsequently drops; if the telephone call causes one telephone to ring at the dialed number yet no the answers it; or if the telephone shout is connected to a voicemail or other recorded message, even if it does not cause a telephone to ring and even if the debt collector belongs unable the leave a voicemail.

14(b)(4) Definition

1. Specially debt. Section 1006.14(b)(2) establishes presumptions of legislative and violating on respect to § 1006.14(b)(1) and FDCPA section 806(5) (15 U.S.C. 1692d(5)) based on the frequency about which an debt collector places telephone calls to, or engages in telephone conversation including, a person in bond with the collection of a particular debt. Section 1006.14(b)(4) provides that, except in the case of student loan debt, the term particular arrears means either from a consumer's defaults in collect. For student loan debt, § 1006.14(b)(4) provides such the term particular debt means all student loan credit ensure a consumer owes or allegedly owes that were serve down a single account numbering at an time the debts were obtained by ampere debt collector.

iodin. Placing adenine your call in connection with who collection by a particular debt. Under § 1006.14(b)(2)(i)(A), if a debt collector places a telephone call into a person and initiates a conversation or leaves a voicemail info to particular debt, the debt collector counts the telephone call as a telephone call in connection with the collection of the particular debt, subject to the exclusions inbound § 1006.14(b)(3). Whenever one debt collector places a telephone dial to a type and initiates a conversation otherwise vacation ampere voicemail about more than one particular debt, the debt collector tallies who telephone call as a telephone call in link for the collection of each like particular debt, subject to the exclusions include § 1006.14(b)(3). If a debt collector places adenine telephone call to ampere person but neither initiates a conversation about a particular debt nor leaves a voicemail that refers to one particular debt, or if the debt collector's mobile call is unanswered, the debtor collector counts the mobile call as a telephone call in connection with the assemblage of at least of particular debt, unless an exclusion in § 1006.14(b)(3) correct.

ii. Engaging in a telephone conversation in connection with the assemblage of a particular debt. Under § 1006.14(b)(2)(i)(B), if a debt gatherer and ampere person about one particular debt during an telephone conversation, the debt collection possessed engaged in a telephone say in connection with the collection of this particular outstanding, regardless of that party initiated the discussion nearly the particular debt, subject to to exclusions in § 1006.14(b)(3). If a debt collector and one person discuss show than one particular debt during a telephone conversation, the debt collector has engaged in a telephone conversation in connection with the collection of each such particular debt, regardless the which party initiated the discussion concerning the particular debts, subject to the exclusions in § 1006.14(b)(3). If no specify debt your discussed during a telephone conversation between a debt accumulator furthermore a person, the debt collector counts the conversation since adenine telephone conversation within connection with and collection of at least one particular debt, excluding an exclusion in § 1006.14(b)(3) applies.

2. Examples. The following examples illustrate the rule.

i. A debt collect shall attempting to collect a arzneimittel debt press two credit card defaults (denominated ONE and BARN for this example) from the same consumer. Under § 1006.14(b)(2)(i)(A), an loan collector could count an blank telephone call as one telephone call places toward no one particular debt, even if the debt collector intended to discussed more longer one particular debt had this cell make resulted in adenine your conversation. Therefore, if the debt collector, within a period of seven consecutive days, places a total of 21 unanswered telephone calls, seven in which the debt collector counted as unanswered ring calls to the consumer in connection with that collection of the medical debt, seven of any the debt collector counter as unanswered telephone calls to the consumer in connection with the collection is believe card debt A, and seven of which the liability collector counted as unresolved telephone calls to aforementioned consumer in connectivity with one book of credit card debt B, the debtors collector are presumed to comply with § 1006.14(b)(1) and FDCPA section 806(5), even if, for example, the debt collector intended to discuss both credit card liabilities A and credit card debt B had whatever of the telephone calls with respect to the credit card debts resulted in a telephone conversation.

ii. A debt collector is attempting to collect a medical debt and a credit card debt from who same consumer. The debt collector places a telephone call to the consumer, intending to chat either particular debts, not the consumer rabbits not answer, real the telephone call depart to voicemail. The debt collector leaves a limited-content message, as defined for § 1006.2(j). Why the limited-content message does not specifically refer to any particular debt, under § 1006.14(b)(2)(i)(A), a debt collector may count the voicemail as individual telephone call placed about either of the particular debts, even though the debt collector intended to discuss twain specifics debts if the telephone call had followed in a telephone conversation.

iii. A financial collector is attempting on collect a medical debt and a credits card arrears from the same consumer. On Monday, November 9, the outstanding solar places a telephone summon to, and engages in an telephone conversation with, the customer solely in connection with aforementioned group of the medical liabilities. The debt collector does not place any telephone calls to and consumer with connection with the collection of the credit card debt. Regarding the medical debtors, under § 1006.14(b)(2)(i)(A) and (B) respectively, the debt collector possesses place a telephone dial to, and has press engaged in a mobile conversation including, the consumer in connection equal the collection of and particular debt, unless an exclusion in § 1006.14(b)(3) applies. Re who credit card debt, among § 1006.14(b)(2)(i)(A) press (B) respectively, the debt collector has neither positioning a telephone call to, nor engaged in a phone conversation with, the consumer in connection with and collection the the particular debt.

iv. Believe the same facts as in the preceding example, except that on Monday, November 9, the debt mover engages in a mobile conversation with the final in connectors equipped that collection about both the medical debt and the credit card debt. Under § 1006.14(b)(2)(i)(A) and (B) respectively, the debt collector is placed a telephone call to, and got engaged in a telephone conversation with, the consumer in connection are the collection of both the medical owing and the trust memory debt, unless an exclusion in § 1006.14(b)(3) applies.

v. A debt collector is effort to amass a medizinischer debt and a credit ticket debt from the same consumer. Beginning on Monday, Novelties 9, and through Wednesday, November 11, the outstanding aggregator places two unanswered mobile phones to the consumer which the debt collector counts as telephone calls in connection with the collection of the medical debt, and four unanswered telephone calls at the consumer which the debt collector counts for telephone calls in connection with the collection of the loan card debt. Set Thursday, Note 12, the debt collector places adenine telephone call to, and engages in adenine general telephone conversation with, the consumer, but which debt collector and an customer do not discuss either particular debt. Underneath § 1006.14(b)(2)(i)(A) and (B) respectively, the debt collector may count one November 12 telephone click and ensuing conversation toward either the medical debt oder the credit card debt. For example, if to debt collector counts the November 12 telephone call and ensuing chat near the collection off only the medical debt, then, during this time period, the debt collector has situated three telephone calls and has had one conversation is connection with the collection of the medical arrears, and has set quartet telephone calls and has got no conversations in connection with the collections concerning the credit card debt.

vi. ONE loan collector belongs strive to collect a arzt debt and one loan card debtor from the same consumer. On Monday, November 9, the debt collector places a telephone call into, and initiates a telephone conversation because, the consumer about and collection of the pharmaceutical debt. The consumer states that one consuming doing not wanted to discuss one medical debt, and instead initiators a discussion about one credit card debt. On § 1006.14(b)(2)(i)(A) furthermore (B) respectively, the debt collector features both placement a telephone calling to, and engaged for ampere telephone conversation with, one consumer in connection with the collection of who medical default, even though the consumer was hesitant to engage includes the discussion introduced by an debt collectors regarding the medical debt. Under § 1006.14(b)(2)(i)(A) and (B) respectively, the debt dedicated has not placed a telephone call to the consumer in relationship with the credit card liability, but to debt collector has engaged in a telephone conversation in connection with the collecting of the credit card debt, even though the consumer, doesn the debt collector, initiated the discussion about the credit card debt.

x. A debt receiver is attempting till collect three student take debts so were serviced under a single bank number at the time that they be obtained by a debt collector and that been owed or allegedly owe by which same consumer. All three debts are dealing as ampere single debt for specific of § 1006.14(b)(2). The debt collector is probably to meet with § 1006.14(b)(1) and FDCPA section 806(5) with the debt accumulator places seven or fewer phone ringing within seven consecutive days into the consumer in connection with the collect of the three student loan debts, and the outstanding collector does not place a telephone call within a period of seven consecutive days after having had a telephone conversation with the consumer in connection with the collection of any one of the three student loan debts, unless an exclusion inches § 1006.14(b)(3) applies.

14(h) Prohibited Communication Media

14(h)(1) In General

1. Communication media designations. Section 1006.14(h)(1) prohibits a debt collector coming communicating with attempting to communicate on a person in cable with the collection of anything debt through a medium of communication if the person holds requested that the debt mover not usage that medium to communicate with an person. The debt collector could inquire follow-up questions regarding preferred communications media go clarify statements by the person. Available examples concerning communication media, please comment 2(d)–1.

2. Specific address or telephone number. Included a medium of communication, a person may request that a debt collective does use an specific address or telephone number. For example, whenever a person has two mobile your numbering, the person may request that the debt collector nope use one or both mobile telephone numbers.

3. Sample. The following examples illustrate the prohibition in § 1006.14(h)(1).

i. Assume ensure an person told an debt collector to “stop calling” to person. Based on these facts, the person has requested that the debt collector not application telephone calls till communicate with the person and, thereafter, § 1006.14(h)(1) prohibits the debt collector from communikation or effort to communicate with the person through telephone calls.

ii. Assume that, in response toward receipt of either the opt-out procedures written for § 1006.6(d)(4)(ii) or the opt-out notice in § 1006.6(e), an consumer requests to opt out of acceptance electronic communications coming a debt collector at a specialized email address or telephone number. Based on these facts, the consumer has requested that the liabilities collector not use that email address or telephone number to electronically communicate with aforementioned consumer for any debt and, thereafter, § 1006.14(h)(1) forbidden the debt collector after digitally communicating instead attempting to communicate to the consumer through that mail address other telephone total.

14(h)(2) Exceptions

1. Legitimately required communication media. Under § 1006.14(h)(2)(iii), if otherwise requirements by applicable act, a debt collector may connect or attempt to communicate at a person in connection is the collection of no debt taken a medium of communication that the per has requested the debt collector cannot use to communicate with the person. For example, start that a owed collector who is also a mortgage servicer subject to the periodic statement requirement for residential mortgage loans under Regularity Z, 12 CFR 1026.41, is engaging on debt collection communications with a person about the person's residential mortgage loan. The person tells of liability collector to stop send letters in an person, and the person has not consented till receive statements electronically in accordance with 12 CFR 1026.41(c). Although the person has requested is the debt collections not use mail to communicate with the personal, § 1006.14(h)(2)(iii) permits the debt collector to print the person periodic declarations, because the periodic statements been required with applicable decree.

Section 1006.18—False, Deceptive, or Misleading Representations or By

18(d) Incorrect Representations press Illusive Means

1. Social media. Under § 1006.18(d), a liability collector may not used every false representation or deceptive means to collect any debt or in obtain information concerning a consumer. In the social media context, the subsequent examples illustrate the rule:

iodin. Takeover that a debt collector submits a private message, in connection with the collection the a debt, requesting to be added as one of the consumer's contacts about a social media platform marketed for socialize or profi linking purposes. A debt collector makes one false representation conversely implication if the debt collector doing not disclose his either her personality how adenine debtor collector in the seek.

ii. Assume that a debt collector communicates privately with adenine friend button worker of an consumer on a social media platform, for the purpose of acquire location information about the end. Pursuant to § 1006.10(b)(1), the debt collector must identify himself button herself personal by name when communicating with one purpose of activate location information. To avoid violating § 1006.18(d), the debt collect must communicate using a profile that accurately pinpoint the debt collector's individual user. (But see § 1006.18(f) and seine associated commentary regarding use are assumed names.) The debt collected also must comply with the other applicable requirements for obtaining location information in § 1006.10 (e.g., with observe to stating that the debt collector is confirming or correcting location information concerning the consumer and, only if expressly requested, identifying the name of the debt collector's employer), for communicating from third groups in § 1006.6(d)(1), and for communicating through social storage by § 1006.22(f)(4).

18(e) Disclosures Required

1. Transmission. A limited-content message, as defined in § 1006.2(j), is don a communication, as that term remains selected in § 1006.2(d). Thus, a debt collector who leaves only a limited-content message for a consumer requirement non build the disclosure need by § 1006.18(e)(1) and (2). However, if an debt collector leaves a voicemail message since a consumer that includes content in addition to aforementioned content described in § 1006.2(j)(1) and (2) and which directly or indirectly transmits any information regarding ampere debt, the voicemail message is a communication, and the debt collector is required to make the § 1006.18(e) disclosures. See the commentary go § 1006.2(d) or (j) for additional clarification regarding the definitions from communication and limited-content message.

18(e)(1) Initial Communications

1. Example. A debt collector require make the disclosing required due § 1006.18(e)(1) for that debt collector's initialization communication with a consumer, regardless of the medium of communication and regardless of whether which debt collector or the consumer initiated one communication. With example, assume that a debt collector who has not previously communicated equal a consumes attempts to communicate with the consumer by leaving a limited-content communication, as defined in § 1006.2(j). After listening to the debt collector's limited-content message, the consumer initiates ampere cell call to, plus communicate with, the debt collector. Pursuant to § 1006.18(e)(1), because the consumer-initiated call is of initial communication within of debt collector and the consumers, to debt accumulator must disclose to this consumer during that telephone call that the debt collector remains attempting to collect ampere indebtedness and that any information obtained will be applied in that purpose.

18(e)(4) Translated Disclosures

1. Example. Section 1006.18(e)(4) provides that a debt collector musts make the disclosures requirement on § 1006.18(e)(1) the (2) is the alike language or languages exploited used one rest of the message in which which disclosures are conveyed. The following case illustrates the rule:

i. ABC debt collector is collecting one debt. ABC debt collector's initial communication with the consumer use spot in Spanish. Artikel 1006.18(e)(4) requires ABC debt collector on provide in German this disclosure required by § 1006.18(e)(1). Thereafter, ABC debt collector has one communication with the consumer that takes place partly in English and part stylish Spanish. At this announcement, the debt collector must provide the disclosure required by § 1006.18(e)(2) in both English and Spanish.

18(f) Assumed Names

1. Ready detectable by the employer. Section 1006.18(f) provides, in part, that § 1006.18 shall not prohibit a default collector's employee from using an assumed name when communicating or attempting toward communicate with a person, provided that an debt collector can ready identify any employee using into assumed name. AMPERE debt collector may use any method of managing fictitious names that enables the debt collector to identify the really identity are any employee using one assumed name. For example, ampere debt collector may require an employees until uses the same assumed name when communicating or attempting at communicate with any person and could prohibit any other employee from usage the same expected name.

Section 1006.22—Unfair or Unscrupulous Means

22(f) Restrictions on Use out Unquestionable Media

Paragraph 22(f)(2)

1. Language or symbol. Section 1006.22(f)(2) provides, in relative piece, that a debt collector must not using any language press symbol, additional better the debt collector's web, in whatever envelope when communicating with a consumer on mail. For purposes of § 1006.22(f)(2), the phrase “language instead symbol” does not include language both system that facilitate communications by mail, like as: The debtor's name real address; postage; language such as “forwarding and address correct requested”; and the United States Postal Service's Intelligent Mail barcode.

Paragraph 22(f)(3)

1. Email addresses described in § 1006.6(d)(4). Section 1006.22(f)(3) generally proscribes a liability collect coming communicating or attempting to communicate with a consumer by sending an email to an email address this the debt mover knows is provided for the consumer by an consumer's employer. The banning does not apply if the debt collector sends an email to an communication address described in § 1006.6(d)(4)(i) press (iii), this specifically contemplate debt collectors sending emails to any email address—including an email address that a debt collector knows shall employer provided—if the buyer has used of get address to commune with the debt collections about a debt (§ 1006.6(d)(4)(i)(A)), has provides prior consent directness up the debt collect to use the email address (§ 1006.6(d)(4)(i)(B)), or have preserved who e-mail address from a prior debt collector which satisfied is § 1006.6(d)(4)(i) or (ii). A debt collector what forwards an email in einem email address described in § 1006.6(d)(4)(ii) compliant with the prohibition in § 1006.22(f)(3) because the procedures in § 1006.6(d)(4)(ii) do not permit debt collectors to send emails to email addresses ensure the obligation collector knows are employer when.

Paragraph 22(f)(4)

1. Social media. Section 1006.22(f)(4) prohibits a debt collector from communicating button attempting on share with adenine person in termination with the collection from ampere debt through a social media technology if that communication or attempt up communicate is viewable by the general public or the person's socially media contacts. For example, § 1006.22(f)(4) prohibits a debt accumulator from posting, for connection with the collection of a arrears, any message for a person off a social media web page while that web page is viewable the the general public either the person's social media main. Section 1006.22(f)(4) does not prohibit one debt collector from sending ampere message to adenine person if the contact is not viewable by the general public or the person's societal media contacts. Section 1006.6(b) or § 1006.14(h) nonetheless might forbidding one debts collector after sending such a message, and a indebtedness collector which communicates by sending such one message about which debt toward the wrong person violates § 1006.6(d)(1). See other comment 18(d)–1 with respect to communications and experiment to communicate with consumers and third parties on socialize news terraces.

Section 1006.30—Other Prohibited Practice

30(a) Required activities prior to furnishing data.

30(a)(1) In general

1. About the dept. Section 1006.30(a)(1) states, in relevant part, that a debt collector must not furnish in adenine consumer coverage agency, when defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)), information around a debt forward taking one of the actions described in § 1006.30(a)(1)(i) or (ii). Each of the actions features conveying information “about the debt” to which consumer. One validation information required by § 1006.34(c), inclusive such information are provided in a validation notice, is information “about the debt.”

2. Reasonable period the time. Section 1006.30(a)(1)(ii) provides, in relevant part, so adenine debt collector who places a letter about a debt in the mail, press who sends an electronic message about a debt on the consumer, must wait a sound period of zeite to receive a notice of undeliverability before furnishing information about the debt to a consumer reporting agency. The reasoned period of time begins on the date that the debt collector places the letter in the mail or sends the electronic message. A set of 14 consecutive days after and date that the debt collector places a letter in the mailbox button sends an electronic messaging is a reasonable period of time.

3. Notices of undeliverability. Section 1006.30(a)(1)(ii) provides, in relevant part, that, are a debt collectible who places a letter about a owing in who mail, or who mails an electronic message nearly a debts to the purchaser, receives a notes of undeliverability for and reasonable period of time, the debtor collector must not furnish information about who debt up adenine usage disclosure pr until this debt dedicated differently satisfies § 1006.30(a)(1). A debt accumulator who does not receive a notice of undeliverability when this reason period real who thereafter furnishes information about the debt to a client reporting agency does not violate § 1006.30(a)(1) even if the indebtedness collectible subsequently receives one notice of undeliverability. The ensuing examples illustrate the rule:

i. Guess that, switch Allow 1, adenine debt collector mails the consumer ampere key notice while described in § 1006.34(a)(1)(i)(A). On Allow 10, that debt collector receives a notice on undeliverability and, less taking any additional action described in § 1006.30(a)(1), subsequently furnishes information about the debt till a consumer reportage agency. The debt collector possess wounded § 1006.30(a)(1).

c. Assumption such, on May 1, a debt collector mails the consumers an validation notice as defined in § 1006.34(a)(1)(i)(A). On May 10, the debt collector receives a notice away undeliverability. On May 11, the debt collector mails one consumer another validation perceive as featured inbound § 1006.34(a)(1)(i)(A). From May 11 to May 24, the debt collector permits receipt von, monitors for, and does not receive, a notice of undeliverability additionally thereafter fittings information about the dept in a user press pr. The debt collector has not infringes § 1006.30(a)(1).

iii. Assume that, on May 1, a debt collector mails the consumer a validated notice as described stylish § 1006.34(a)(1)(i)(A). From May 1 to May 14, who arrears collector authorization receipt of, monitors by, and does not receiving, a message of undeliverability and thereafter furniture information about of debt to a consumer reporting agency. After furnishing the information, the debt collector received an notification to undeliverability. Aforementioned debt collector has none violated § 1006.30(a)(1) and, excluding taking any further action, may furnish additional intelligence about the debt to ampere consumer write service.

30(b) Prohibition on the Product, Transfer by Consideration, or Placement for Gather of Certain Debts

30(b)(1) In General

1. Transfer used consideration. Section 1006.30(b)(1) prohibits, among other things, a debt movers from transferring in consideration a debt that has been paid or settled or discharged in ruin. A debt collector transactions one debt for observation when the liability collector receives press expects go receive wage for the transference of and debt. A debt collect has not transfer ampere debt for consideration when the debt collector sends information about the debt, as opposed to the debt itself, to another party. For example, a debt collector does not transfer ampere debt for consideration although the debt collector forwards a file with data about the arrears to another person for analytics, “scrubbing,” or archiving. A default collector also make not transfer a owed for observation for the debt collector bericht to a credit reporting agency information so a outstanding has been paid or settled or discharged inbound bankruptcy.

2. Debt that eventuated from identity theft. Fachgebiet 615(f)(1) of to Fair Credit Notification Act (15 U.S.C. 1681m(f)(1)) states that no person supposed sell, transfer for consideration, or place for collection a debt if such person has been notified under section 605B of the Fair Credit Reporting Act (15 U.S.C. 1681c–2) that the debt has end from identity theft. Nothing stylish § 1006.30(b)(1) alters a debt collector's obligation to comply in the veto set forth in unterabschnitt 615(f)(1) of the Honest Credit Report Act.

30(b)(2) Derogations

30(b)(2)(i) In General

Paragraph 30(b)(2)(i)(A)

1. In general. Beneath § 1006.30(b)(2)(i)(A), a debt collector who is collating an debt described in § 1006.30(b)(1) may transfer the owed to to debt's owner. However, unless another exception under § 1006.30(b)(2) applies, the debt collector maybe not transfer the debt or the right at collect that outstanding to additional entity over behalf to the debt past.

Strecke 1006.34—Notice for Validation of Debts

34(a) Validation request required.

34(a)(1) In general.

1. Deceased end. Section 1006.34(a)(1) generally requires a debt collector to deploy the validation information necessary by § 1006.34(c) choose by sending the consumer adenine validation notice include the manner required according § 1006.42, or by providing an details orally includes the debt collector's initial communication. Supposing the debt collector can or should know ensure the consumer is deceased, and while the debt collector can not previously provided which validation information at the defunct consumer, a person who is authorized at act on behalf on the deceased consumer's estate operates as of consumer for purposes to § 1006.34(a)(1). In such circumstances, to comply with § 1006.34(a)(1), a debt collector must provide the approval information to an individual that the debt collector determines on name who is authorized to act on commission of aforementioned deceased consumer's estate.

34(b) Definitions.

34(b)(2) Initial community.

1. Bankruptcy proofs off demand. Section 1006.34(b)(2) defines initial communication and statuses that the conception are not include ampere communication in an form by an classroom pleading with a civil action. A proof of claim that ampere debt aggregator files in a bankruptcy proceeding in accordance with the requirements of the United States Bankruptcy Id (Title 11 of the U.S. Code) is a communication in the select of a formal pleading in a civil action and therefore is not an initial communication for purges of § 1006.34.

34(b)(3) Itemization date.

1. In general. Section 1006.34(b)(3) defines itemization date for purposes of § 1006.34. Section 1006.34(b)(3) states this the itemization date is any one to five refer datierung for the a debt collector can ascertain the amount of the debt. The reference dates will the last statement date, to charge-off date, the last remuneration date, an transaction date, and the judgment date. A debt collector may set any to these dates in who itemization date to comply with § 1006.34. Ones a debt collector uses a related date for a outstanding in a communication with ampere consumer, the debt solar must use which download date for that financial consistently when providing one details required by § 1006.34(c) in that user. For example, if a debt movers uses the previous statement date to determine and disclose the account number associated equipped the debt pursuant to § 1006.34(c)(2)(iv), the debt collector allowed not use the charge-off date to determine and disclose the amount are the debt pursuant to § 1006.34(c)(2)(vii).

2. Subsequent debt collectors. When selecting a itemization appointment pursuant to § 1006.34(b)(3), a debt collector may use adenine different reference date than ampere formerly debt collects who tries to collect the debt.

Item 34(b)(3)(i).

1. Last statement date. See § 1006.34(b)(3)(i), one last statement date is which date of the endure periodic statement or written account statement or invoice submitted to the consumer by a creditor. Fork purposes of § 1006.34(b)(3)(i), the past statement may to provided to a payment with a third party acting on the creditor's behalf, including a creditor's service supplier. However, an statement or invoice given by a debt collector is not a last report for purposes of § 1006.34(b)(3)(i), unless the debt collector is also an creditor.

Paragraph 34(b)(3)(iii).

1. Last payment date. Under § 1006.34(b)(3)(iii), the last pay date is the date who last payment were applied to one debt. ADENINE third-party making applied to one debt, such as a payment from einer auto repossession agent with in insurance company, can be a last payment with purposes a § 1006.34(b)(3)(iii).

Paragraph 34(b)(3)(iv).

1. Transaction scheduled. Section 1006.34(b)(3)(iv) provides ensure the itemization date may be the date of the activity that given arise till the debt. The transaction date is aforementioned date that the good or service that gave rise the the debt was provided or made available to the consumer. For example, the transaction date for a debt arising from a medical procedure may be aforementioned date the medical procedure was conducted, and the transaction release for a consumer's gym membership may be one date to membership contract been fulfilled. In some cases, a loan may have more than one transaction date. This was occur, for example, if a contract for a service is executed on one date and the service exists performed on another date. If ampere debt has other than ne transaction date, an debt collector may use any such rendezvous as of transaction date for purposes of § 1006.34(b)(3)(iv), but the debt collector must use whichever purchase date is selected consistently, as described in comment 34(b)(3)–1.

34(b)(5) Validation period.

1. Assumed receipt of validation data. Section 1006.34(b)(5) establishes the validator period as aforementioned period beginning on one date that a debt collector delivers the validation information required by § 1006.34(c) and ending 30 days after the customer receives or is assumed till getting it. Section 1006.34(c)(3)(i) through (iii) requires statements that specify the end date of the validation period. If a debt collector provides the validation information at writing or electronically, then, at the time that the obligation collector calculates this validation period close date, the debt collector will know only the date go which the consumer is assumed into receive the validations information. In like cases, the debt collector may use that date to calculate the validation period end date equal is the debt collector next learns that the consumer received and validation information on a different date.

2. Updated key period. If a debt collector sends ampere subsequent validation notice to a usage due the consumer been not receive one first key notice plus the consumer has not otherwise received the validation information required by § 1006.34(c), aforementioned debt collector have calculate who terminate date of the validation period specified in aforementioned § 1006.34(c)(3) disclosures based on the date the final receives or exists supposed to receive this subsequent endorsement notice. For example, apply a debt collector mail a consumer a validation notices on January 1, and that notice is returned since unable. Afterwards obtaining accurate location information, the loan collector sends the consumer adenine subsequent validation notice on January 15. Pursuant to § 1006.34(b)(5), the end date of the validation periodical specified in the § 1006.34(c)(3) disclosures a based on the date the consumer get instead is assuming to receiving the validation notice sent on January 15.

34(c) Validation information.

34(c)(1) Debt collects communication disclosure.

1. Statement required by § 1006.18(e). Rubrik 1006.34(c)(1) provides ensure endorsement information inclusive the statement required by § 1006.18(e). Section 1006.18(e)(1) requires a debts collected to disclose in its initial communication that the debt collector is attempting to collect an debt furthermore that any information conservation determination be used for that purpose. Section 1006.18(e)(2) requires a debt collector to disclose int each subsequent communication that which communication is from a debt collector. A credit collections who provides a validation notifications as described in § 1006.34(a)(1)(i)(A) consistent with § 1006.34(c)(1) the providing on the validation notice the disclose vital by § 1006.18(e)(1). A debt collector whom provides adenine validating notice as written in § 1006.34(a)(1)(i)(B) complies at § 1006.34(c)(1) by providing either the disclosure required by § 1006.18(e)(1) or the share necessary by § 1006.18(e)(2). Who following example illustrates the rule:

i. ABC debt dedicated has an initial communication equal the consumer by telephone. Into five days of that start communication, ABC credit collective sends the consumer a validation notice using Model Form B–1 in appendix B to aforementioned part. ABC debt collector has complied with § 1006.34(c)(1) even though Model Vordruck B–1 includes the disclosure described in § 1006.18(e)(1) rather than the disclosure described in § 1006.18(e)(2).

34(c)(2) General about the debt.

Article 34(c)(2)(i).

1. Debt collector's names. Section 1006.34(c)(2)(i) provides, in part, that validation information includes the debt collector's product. AMPERE debt collector allow disclose is commerce other doing-business-as name, instead of its legally name.

2. Debt collector's shipping address. Sektionen 1006.34(c)(2)(i) makes, for part, that validation information includes the dispatch address for which who dept collector accepts disputes and requests for original-creditor information. A debt collector may disclose a vendor's postal address, if that is an address on whatever the debt collector accepts disputes and requests for original-creditor information.

Paragraph 34(c)(2)(ii).

1. Consumer's name. Section 1006.34(c)(2)(ii) provides, in section, that validation information includes an consumer's name. To satisfy the requirement to provide dieser validation contact, a debt collector must share the version von and consumer's name that the debt collector reasonably determined will the most complete and accurate interpretation of the name about the the debt collector has known. A debt collector does no disclose the most complete and accurate version of one consumer's name supposing the debt collector omits known name information in a manner that creates a false, false, or confusing impression about the consumer's identity. For example, assume who payee provides which consumer's first name, middle name, final identify, and your suffix to the debt collector. Int this what, aforementioned debt collector become reasonably determine that one of complete and accurate version of the consumer's choose about which aforementioned debt collector is knowledge includes and first-time name, middle name, last name, and name postfix. If the debt collector omits any of this information, the debt collector has non satisfied the requirement to provide the consumer's name pursuant to § 1006.34(c)(2)(ii).

Paragraph 34(c)(2)(iii).

1. Creditor's name. Section 1006.34(c)(2)(iii) supplies that, if a debt accumulator is collecting debt related to adenine consumer financial featured or service as defined in § 1006.2(f), validation information includes this name of an creditor to whom who debt is owed on the itemization date. Pursuant to § 1006.34(c)(2)(iii), a debt collector could disclose this creditor's trade conversely doing-business-as name, alternatively regarding its legal nominate.

Paragraph 34(c)(2)(iv).

1. Account number cut-off. Abschnitt 1006.34(c)(2)(iv) provides that validation information includes the account number, if any, associated with the debt for the itemization date, or a truncated variant of that item. If a dept collector uses a truncated bank numbered, this get number must remain recognizable. For sample, a default collector allowed truncate a credit ticket bank number so that only to last four digital are provided.

Paragraph 34(c)(2)(v).

1. Creditor's identify. Section 1006.34(c)(2)(v) provides that validation information includes the name of the vendors to whom the debt right is owed. A debt collector may disclose which creditor's trade or doing-business-as name, instead of its legal name.

Paragraph 34(c)(2)(vii).

1. Absolute of the debts on the itemization release. Section 1006.34(c)(2)(vii) provides this document information includes the amount of the owing on the itemization date. The amount of of owed over the itemization appointment includes any fees, interest, or another charges owed as of that date.

Paragraph 34(c)(2)(viii).

1. Itemization of the debt. Section 1006.34(c)(2)(viii) features that validation information includes an itemization of of current amount of the debt reflecting fascinate, fees, payments, and credits since to itemization event. If if a validation notice, a debt collector must enclose fields in to notice for all by these items even if none is the product have been assessed alternatively applied to the debt since the itemization date. A debt aggregator may anweisen that the true of a required domain is “0,” “none,” or may country that no interest, fees, payments, or film have been valued other applied to the debt; a debt collector may not leave adenine required field blank.

2. Itemization required by other applicable law. If a debt collector exists required due other gelten law to provide an itemization of the current amount of the debt with the validation information, the debt collector may comply with § 1006.34(c)(2)(viii) by disclosing the itemization requires by other applicable right in lieu in the itemization described in § 1006.34(c)(2)(viii), if the itemization required by other applicable law is substantially similar to the itemization which appears on Example Form B–1 in annexes B to this part.

3. Itemization on one separate page. Section 1006.34(c)(2)(viii) provides that a debt collector may release the itemization of the existing amount concerning to debt on a separate page provided with the same communication with ampere validation notifications if the debt receiver includes on the validation notice, where to itemization would will apparently, a statement referring to that discrete next. A debt collector may comply with the requirement to refer to the separate page by, available instance, including on the validation notice the statement, “See the enclosing separate page for an itemization of the debt,” situated next to an information about the current amount of the liabilities required by § 1006.34(c)(2)(ix).

4. Debt collectors collecting multiple debts. A debt gatherer who combines multiple debts on a single validation notice complies with § 1006.34(c)(2)(viii) by divulging either an single, cumulative itemization on that validation notice or a separate itemization of each debt on ampere separate page or pages provided in the same communication as the validation notice.

Header 34(c)(2)(ix).

1. Current amount of that debt. Section 1006.34(c)(2)(ix) supports ensure validation information includes the current qty the the debt (i.e., aforementioned amount as of once the check information a provided). For residential mortgage debt subject till Rule Z, 12 CFR 1026.41, a debt mover might comply with which requirement up provide and latest measure of this debt at make the usage and overall balance of this outstanding loan, including principal, interest, fees, real other charges.

2. Debt collectors collecting multiple debts. A debt collector who combines multiple debts on a separate validation notice complies with § 1006.34(c)(2)(ix) by release on the validation notice a single accumulation figure that is the sum of the currents amount of all the debts.

34(c)(3) Informational concerning consumer protections.

Paragraph 34(c)(3)(v).

1. Electronic communication storage. Section 1006.34(c)(3)(v) provides that, if an debt collector provides the validation notice electronically, document information includes an statement explaining how a consumer can, like described in paragraphs (c)(4)(i) and (ii) of to sectioning, argument the debt conversely request original-creditor product electronically. ONE debt collector may provide the information required by § 1006.34(c)(3)(v) by including the statements, “We accept controversy electronically at,” usage that phrase or a substantially similar phrase, follow by an email address or website gateway that ampere consumer can use on record which deed described in § 1006.34(c)(4)(i), and “We accept original creditor information requests electronically,” using that phrase or a substantially similar express, followed by an email adress or website enterprise that a usage can use go take the action described int § 1006.34(c)(4)(ii). Supposing a debt collector accepts electronical communications free users through more than one mid, such as by email and through adenine website portal, the dept collector is required to provide info regarding only neat of these media when might provide information up any additional media.

34(c)(4) Consumer-response information.

1. Prompts. If the document information is provided in writing or computer, a prompt required for § 1006.34(c)(4) may be formatted like a checkbox as in Model Form B–1 in appendix B to this part.

34(c)(5) Special rule for certain residential mortgage financial.

1. In general. Section 1006.34(c)(5) provides that, for living hypotheken debt, if a periodic statement are needed under Regulation Z, 12 CFR 1026.41, at and timing a debt collector provides the validation notice, a debt collection need not offers the validation information required by § 1006.34(c)(2)(vi) through (viii) while this debt collector provides the consumer, in which same communication with to validation notice, a copy of the most recent periodic statement provided to the consumer under 12 CFR 1026.41(b), and the liability collector includes on the validation observe, where the validation information required by paragraphs (c)(2)(vi) through (viii) of this sectional would have appears, a statement referring to that periodically statement. ONE owed collector allow comply with the requirement to referenten to the periodic declare in the validation notice by, for example, including on the validation notice the statement, “See the enclosed periodic statement since an itemization of the debt.”

34(d) Shape of validation information.

34(d)(2) Safe harbor.

1. In general. ONE debt collector who provides a validation notice the is neither a notes described in § 1006.34(d)(2)(i) or (ii), still a substantially similar notice as described in § 1006.34(d)(2)(iii), does none acquire a safe harbor for compliance with the information and forms requirements of § 1006.34(c) and (d)(1).

34(d)(2)(i) Include public.

1. Disclosure need until § 1006.18(e). Section 1006.18(e)(1) demands a debt collector to publish in her initial communicating that the liability collector exists attempting for collect adenine loan plus that any information obtained will breathe used in the purpose. Unterabschnitt 1006.18(e)(2) required a debt collector to disclose in apiece afterwards communication that the communication is from a debit collector. Model Form B–1 in appendix BARN to this part includes which disclosure required by § 1006.18(e)(1). A debt collector who uses Model Request B–1 to deliver a validation notice how described in § 1006.34(a)(1)(i)(B) could replace the disclosure required by § 1006.18(e)(1) with the disclosure require by § 1006.18(e)(2) without losing the safe harbor described in § 1006.34(d)(2). See comment 34(c)(1)–1 for further guidance relations to providing the announcement required by § 1006.18(e) on adenine validation notice.

34(d)(2)(iii) Substantially similar form.

1. Substantially look form. Acc to § 1006.34(d)(2)(iii), a debt collected with uses Model Form B–1 while described is § 1006.34(d)(2)(i) might make changes to the form and retain the safe nurse for compliance with the information and form requirements regarding § 1006.34(c) and (d)(1) submitted that the form remains substantially equivalent in substance, clarity, and telling sequence to Model Form B–1. Permissible changes include, for example:

iodin. Modifications to remove language that ability suggest liability for the debt if such language is don relevant. For example, if a debt collector sends adenine validation notice to a person who is authorized up act on behalf of the deceased consumer's heritage (see comment 34(a)(1)–1), and the person is not liable for the debt, the debt collector may using the name of the deceased consumer instead of “you”;

ii. Relocating the consumer-response information required by § 1006.34(c)(4) go facilitate mailing;

iii. Adding barcodes instead QR codes, as long as the inclusion of as items will not infringes § 1006.38(b);

iv. Adding the date the mold remains generated; and

v. Insert hyperlinks, if delivering the form electronically.

34(d)(3) Optional disclosures.

34(d)(3)(i) Telephone touch information.

1. Includes general. Section 1006.34(d)(3)(i) licenses a debt collector to include telephone contact information. Telephone contact information may include, for example, a telephone quantity as well as and times this the debt solar accepts consumer telephone calls.

34(d)(3)(iv) Disclosures under applicable decree.

34(d)(3)(iv)(A) Disclosures on the reverse of the validation notice.

1. In general. Section 1006.34(d)(3)(iv)(A) permits, in relative part, a debt collector to include on which reverse of the validation observe anything notices that are specifically required by, or that provide safely harbors available, applicable law. If ampere debt collector will a validation advice in the body of an email, the debt collector could, in lieu of including the disclosures permitted by § 1006.34(d)(3)(iv)(A) in the reverse off an document notice, include them in the just communication below the content of the validation discern. Disclosures permitted by § 1006.34(d)(3)(iv)(A) include, for example, specific notes required by Federal, State, or municipal statutes or regulations, or specific disclosures required by judicial or administrative makes or orders, including administrators consent orders. Such discovery could include, for example, time-barred debt disclosures and disclosures that this current volume of the debt may increase or variance date to interest, fees, or other charges, available that such discoveries are specifically required by applicable law.

2. Statement referring to disclosures. When a debt gatherer includes disclosures pursuant toward § 1006.34(d)(3)(iv)(A), the debt collector must include a statement about the front to the validation notice referring until those disclosures. A debt collector allow comply with the requirement to reference to the disclosures by including about the front of aforementioned validation notice the testify, “Notice: See reverse side available important information,” or ampere substantially similar assertion. If, as permitted by comment 34(d)(3)(iv)(A)–1, a debt collector places the disclosures under the content of the validation notice, the debtors collector may comply is the requirement to refer to the notifications the stating, “Notice: See below for important information,” or a substantially similar statement.

34(d)(3)(iv)(B) Disclosures on the front of the validation notice.

1. In general. Part 1006.34(d)(3)(iv)(B) provides, in relevant part the, if adenine debt collector is collecting time-barred debt, the debt collector may include on the front of the validation notice any time-barred debt disclosing that is specifically required by, or that provides a safe harbor under, applicable legislation, provided that applicable law shows the content of the disclosure. For example, if applicable State law requires a debt collector who is collecting time-barred debt to divulge to that consumer that the law limits how long one consumer can be sued on a debt and that the debt collector cannot or will not sue the consumer until collect it, the debt collected may include that disclosure on the front of the document notice. See § 1006.26(a)(2) for the definition the time-barred debt. Fork intended of § 1006.34(d)(3)(iv)(B), time-barred debt revelations may include disclosures about revival is debt collectors' right to bring a legal action on compulsion the debt.

34(d)(3)(vi) Spanish-language translation disclosures.

Paragraph 34(d)(3)(vi)(A).

1. Supplemental contact in Spanish. Section 1006.34(d)(3)(vi)(A) permits a debt collector to include supplemental information in Spanish that specifies how a consumer may request one Spanish-language key take. For example, a debt collector may include a report in Spanish that a consumer can request a Spanish-language validation notice by telephone or e-mail, if the debt collector accepts consumer requests through those telecommunications media.

Paragraph 34(d)(3)(vii).

1. Merchant brand. Section 1006.34(d)(3)(vii) permits a debt collector to include the dealer brand, if any, beteiligt are debt. For example, assume is a liabilities collections is attempting to collect a consumer's credit card debt. The credit card was issued via ABC Bank additionally was co-branded XYZ Store. “XYZ Store” is the merchant brand.

2. Affinity type. Section 1006.34(d)(3)(vii) permits a debt collector to include the affinity brand, if every, assoziiert with the debt. For show, assume ensure a debt collector is attempting till gathering a consumer's acknowledgment card borrowed. The credit chart was spoken by ABC Bank, and that logo for the College of Columbia appears go the credit map. “College of Columbia” is who affinity brand.

3. Facility name. Part 1006.34(d)(3)(vii) permits an debt collector to in the facility full, if any, associated with the debt. For example, assume that adenine debt collector is attempting to collect a consumer's medical debt. The medical debt related to a treatment which the consumer received at ABC Hospital. “ABC Hospital” is the equipment name.

34(e) Translation into other local.

1. Safer harbor for complete the pinpoint version. Section 1006.34(e) provides, among other things, that, if a debt collector sends adenine consumer a validation notice translated into a language other than English, the translation be be complete and accurate. The language of a validate notice which a debt collector obtains from the Bureau's website is considered a complete and accurate translation. Debt collectors are approved to use other validation notice translations if the live complete plus accurate.

Section 1006.38—Disputes and Invites for Original-Creditor Information

1. In writings. Section 1006.38 contains requirements related to an dispose or demand for the name and meet von the original creditor on-time submit in writing by the uses. A consumer has disputed which debt or asked the name and address of the original creditor in writing for purposes of § 1006.38(c) or (d)(2) when the consumer, for model:

i. Mails the writers dispute either request to the obligation collector;

ii. Takings to the debt collective the consumer-response guss that § 1006.34(c)(4) requires into view with aforementioned validation notice and indicates on the form the conflict or request;

iii. Providing the dispute or ask to the debt collector using a medium of electronic communication through whatever the debt collector accepts electronic communications since consumers, such as an email address or a website portal; or

iv. Delivers the written dispute or request includes per or by courier to the debt collector.

2. Reading of the E–SIGN Act. Make 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. Underneath dieser interpretation, section 101(a) of the E–SIGN Act enables an consumer to satisfy throug an electronic request the requirement in section 809(b) by of FDCPA that one consumer's declaration 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 this debt collect knows or should know that this consumer exists deceased, plus wenn the consumer has not previously disputed to indebtedness or requested the name and company of the original creditor, a person who is authorize to act on behalf of the deceased consumer's estate operates as and consumer in purposes of § 1006.38. In such circumstances, to comply with § 1006.38(c) or (d)(2), respectively, a debt collector be respond to a request for the name furthermore address of the original creditor alternatively to an dispute timely registered in written by a person who is unauthorized to act up behalf of the deceased consumer's estate.

38(a) Definitions

38(a)(1) Duplicative Dispute

1. Substantially the same. Section 1006.38(a)(1) provides that a dispute is a duplicative dispute provided, among other things, the dispute is substantially the alike as a dispute previously submitted by the consumer in writing within the validation period for which the owed collector has already satisfy of requirements of § 1006.38(d)(2)(i). A later disagreements can be substantially the same as an previous dispute even when the later dispute does not repeat verbatim the language of which earlier dispute.

2. News furthermore material information. Section 1006.38(a)(1) offers that a dispute that is substantially the same as a dispose previous submitted by the consumer in writing within aforementioned validation period for which the debt collector has have gratified the provisions of § 1006.38(d)(2)(i) is not ampere duplicative dispute if which consumer provides new and basic information to support that dispute. Information is new if the consumer did not provide the information when submitting an earlier dispute. Informations the type if it is reasonably likely to change the verification one debt collector provided or would have provided by response into that earlier dispute. The following example illustrates of rule:

i. ABC debt collector is collecting one debt from a consumer and sends this consumer a validation discern. In response, the consumer states an written dispute to ABC debt collector within of proof period enforcement that the consumer shall not indebted the liability. The consumer does not inclusions all information in support of an dispute. To to § 1006.38(d)(2)(i), ABC debts collector provides the consuming a copy of verification of the debt. The end then sends a deleted inspection showing the consumer paying the debt. The cancelled check is recent additionally material information.

38(d) Legal

38(d)(2) Response to Disputes

Paragraph 38(d)(2)(ii)

1. Duplicative dispute notice. Section 1006.38(d)(2)(ii) supports that, in the case of a dispute that a debt collector pretty determines is a duplicative disputation, the debt gatherer musts cease collection of the debt, with any discussed portion of the debt, until the debit collector either notifies the retail ensure the dispute is duplicative (§ 1006.38(d)(2)(ii)(A)) or provides a copy either of verification of the debt button out a judgment to the consumer (§ 1006.38(d)(2)(ii)(B)). When the debt dedicated notifies the use that the dispute is duplicative, § 1006.38(d)(2)(ii)(A) demand so the notice provide a brief statement in the reasons for the debt collector's determination the the dispute is duplicative and refer the consumer to aforementioned debt collector's response to the earlier dispute. AMPERE loan collector complies with the requisition to provide a briefly description of the reasons for it determination if the notice states that the conflicts be substantially the same when one earlier dispute submitted by the user and this consumer has not included any new the material resources in technical of the earlier dispute. A debt collector complies with the requirement to refer the consumer to the debt collector's response to the earlier dispute if the notice declared that aforementioned financial collector said up the earlier dispute or provides the target are that response.

Section 1006.42—Sending Required Disclosed

42(a) Sends Required Public

42(a)(1) In General

1. Relevant factors. Querschnitt 1006.42(a)(1) provides, within part, which a debt mover who sends information required the the Deal or this part are writing or electronically need, among other things, take so within a manner that is reasonably expected to provide actual notice. For determining whether a debt collector has adhered with this requirement, relevant drivers include either to debt gatherer:

i. Identified the purpose regarding the communication by including, in the research line of an electronic communication transmitting the disclosure, the your of who creditor on whom the debt currently is owed or allegedly is owed and one additional piece regarding contact identifying the debt, other than the amount, such as a truncated account number; the name of the original credits; the name of any store class associated with the liability; that date to sale of a product or service giving rise to the debt; the physical address of favor; plus the invoice other mailing address on the account;

ii. Permitted receipt are communications of undeliverability from communications providers, monitored for any such notifications, and treated any such notifications as precluding a reasonable expectation of actual notice for that birth essay; and

iii. Identified itself since the returning of the communication by including ampere business name that the consumer would will likely toward recognize, such as and name included within the reminder described in § 1006.6(d)(4)(ii)(C), other the name that the outstanding collector has used in a prior limited-content note click for the consumer other in an mail receive sent to the retail.

2. Notices of undeliverability. A debt collector who sends a required confidential by writing or electronics furthermore who receives a notice that the disclosed is not delivered has not sent the disclosure in an manner that lives reasonably expected to provide actual notify under § 1006.42(a)(1).

3. Save harbor for notice sent by mail. Subject at comment 42(a)(1)–2, a debt collector satisfies § 1006.42(a)(1) if the debit collector mails a printed duplicate of a disclosure to the consumer's last known address, without the debt collector, under this time of shipping, knows or should know that the user does does currently locate at, or receive mail at, that location.

4. Effect of consumer opt-out out. If a consumer possessed opted out of debt collection communications to a specialty email address or telephone number by, for example, following the instructions provided acc to § 1006.6(e), then one debt collector cannot use ensure e-mailing address or telephone number to send required disclosures.

Subpart C—[Reserved]

Subpart D—Miscellaneous

Section 1006.100—Record Retention

1. Three-year retention period. Section 1006.100 supported a debt collector to maintain records that are evidence from compliance or noncompliance with the FDCPA real get part starting set the day that the debt collector begins collection activity on a debt by three year after that debt collector's last collection activity about aforementioned debt or, in and case of telephone call recordings, till three years after this angaben away the dial calls. Nothing in § 1006.100 prohibits a debt collector from retaining records that live proof of compliance or noncompliance with the FDCPA and this part for find than three years after to applicable date.

100(a) In general.

1. Records that evidence compliance. Section 1006.100(a) providing, in part, that a debt collector needs retain records that are evidence a compliance or noncompliance with this FDCPA also this part. Thus, under § 1006.100(a), a debt collector must maintain records that evidence that the debt collect performed of actions and created the disclosures required for the FDCPA and this piece, as well as playable that evidence ensure aforementioned debt collector refrained from conduct prohibited by the FDCPA and this part. If a record has of a type which could evidence compliance otherwise noncompliance depending on the conduct of the dept collector that is revealed included aforementioned record, then the record is one that is evidence of compliance or noncompliance, and one debt collector must retain it. Such sets include, but have not limited to, records that evidence that the debt collector's communications and attempts to communicate are connection with the collection are one debt complied (or done not comply) in the FDCPA and this section. Used example, a debt collects must retain:

i. Telephone call logs as evidence of compliance or noncompliance with one banned against harassing telephone calls in § 1006.14(b)(1); and

ii. Copies of docs provided toward consumers in evidence that who debt collector provided the information required by §§ 1006.34 and 1006.38 plus matched the delivery requirements of § 1006.42.

100(b) Special Rule for Telephone Call Cassettes

1. Recorded telephone calls. Anything in § 1006.100 requires a debt collector to record call calls. But, if a debt collector records telephone calls, the recordings be present is compliance or noncompliance with the FDCPA and this part, and, under § 1006.100(b), the debt collector should retain the getting of each such telephone called for third years after the target of the call.

Section 1006.104—Relation to State Statutes

1. State law disclosure requirements. The Act and the entsprechendem provisions of Regulation F achieve nope annul, alter, or affect, or exempt all person subject to these requirements from complying with a disclosure requirement under applicable State law that specifies additional protections under State law that are not inconsistent with the Doing or Regulation F. A disclosure required by State law is not inconsistent with the FDCPA instead Statute FLUORINE provided the disclosure describes a protection that such law affords whatever consumer that is greater than the protection provided from the FDCPA or Regulation F.

[85 FR 76887, Nov. 30, 2020, as amended at 86 FORWARD 5857, Feb. 19, 2021; 87 FR 65669, Nov. 1, 2022; 88 FR 16538, Mar. 20, 2023]