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Debt Collection Practices Regulation – Regulation F


January 13, 2022

Debt collection laws don’t usually get a whole lot of buzz, but as I’m sure you’ve seen on social media and through your local news outlets there’s a new debt collection law called Regulation F that went into effect on November 30th, 2021 that’s really caused a buzz.

 

Now yes it’s true, Regulation F did expand some ways that debt collectors can communicate with you, but it’s important to remember two things:

  • Collectors always have to abide by consumer protection laws.
  • Regulation F also expanded some consumer protections.

So bad news first! Let’s review the ways that Regulation F broadened the way that debt collectors can communicate with you:

  • Debt collectors can contact you up to 7 times within a week per account. 
  • Debt collectors can send you validation notices electronically or provide that information over the phone.
  • Debt collectors can privately contact you electronically, meaning they can now email you, slide into your DM’s on social media, or text message you without your prior consent unless and until you tapped out.
  • Debt collectors can contact you about a debt that is outside the stash debt limitations, but they cannot sew you for that debt and they cannot threaten to sue you for that debt. 
  • Debt collectors can contact you about a deceased person’s debts.

Now we have got the bad news out of the way! Let’s talk about the good news. As always, even with Regulation F debt collectors cannot violate your rights under consumer protection laws. So let’s remember those four main things that debt collectors cannot do under any circumstances:

Debt collectors can privately contact you electronically, meaning they can now email you, slide into your DM’s on social media, or text message you without your prior consent unless and until you tapped out.
Debt collectors can contact you about a debt that is outside the stash debt limitations, but they cannot sew you for that debt and they cannot threaten to sue you for that debt.
Debt collectors can contact you about a deceased person’s debts.

  • Debt collectors can contact you up to 7 times within a week per account.
  • Mortgage, home repair, home appraisal, homeowner’s insurance
  • Other loans
  • Credit cards
  • Utility bills
  • Estate documents
  • Investments
  • Property tax
  • Income tax
  • Employment and retirement (employee benefits, 401K, etc.)
  • Life insurance
  • Medical bills and insurance
  • Legal (such as court settlements, etc.)

Now we have got the bad news out of the way! Let’s talk about the good news. As always, even with Regulation F debt collectors cannot violate your rights under consumer protection laws.

Main things that debt collectors cannot do under any circumstances:

  • They cannot harass you. 
  • They cannot contact you at an inconvenient time or place. 
  • They cannot misrepresent stuff about debt to you.
  • They cannot disclose information about your debt to third parties. 

Now last point here is talking about the even better news. Your consumer protections have also been broadened by Regulation F:

  • As a consumer, you can now orally request that debt collectors stop contacting you and they have to stop. 
  • A debt collector now must either speak with you or send you a letter or an email or text message or DM before reporting on your credit report. 
  • Debt collectors typically have to wait a week before calling you again with respect to a certain account. 
  • There is a bunch more information that’s not required for debt collectors to put in the validation notices that can help consumers be more informed about their rights and help them identify what account the debt collectors’ actions are contacting them about. 
  • Debt collectors have to provide a free simple and effective way for a consumer to opt-out of these new electronic communications.

Now, this is a whole lot of information so if you have any questions about your consumer rights, if you think that a debt collector has violated those rights, if you wanna know more about this new law, give us a call. Here is Ziegler Diamond Law. We offer free consultations and are always happy to answer any sort of consumer rights or debt collection questions that you may have.

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