On October 1, 2021, the CFPB published Frequently Asked Questions (FAQs) related to the Limited Content Message and Call Frequency Presumptions included in Regulation F (Reg F). These FAQs are a Compliance Aid designed to help collection agencies comply with Reg F, which goes into effect on 11/30/21. Per the CFPB’s January 27, 2020, Policy Statement, “Compliance Aids are not rules. Rather, they present the requirements of existing rules and statutes in a manner that is useful for compliance professionals, other industry stakeholders and the public.”
The FAQ topics are listed below. In response to each of these questions, the CFPB provided guidance on the issue and the appropriate cite to Reg F.
Limited-Content Messages
1. What is a “limited-content message”?
2. Is a limited-content message a
“communication”?
3. Is a voicemail a limited-content message if
it contains information that is required by state law but that is not required
or optional content under the Rule?
4. If a call drops or is otherwise interrupted
while a debt collector is leaving a limited-content message, is the voicemail
still a limited-content message?
5. Can a debt collector use a pre-recorded
voicemail message to deliver a limited-content message?
6. Are Zortman voicemails considered
limited-content messages?
7. Does the Debt Collection Rule prohibit a
debt collector from leaving a Zortman voicemail?
8. Is a debt collector required to use their
legal or registered Doing Business As (DBA) name in a limited-content message?
9. If the recipient of a limited-content
message researches the business name and identifies the caller as a debt
collector, does that mean the voicemail is no longer a limited-content message?
Telephone Call Frequency
1. Does the Debt Collection Rule limit the
frequency of telephone calls a debt collector can place, or telephone
conversations a debt collector may have, about a debt?
Telephone Call Frequency: Presumptions
1. What are the presumptions related to
telephone call frequency?
2. Do incoming telephone calls from a consumer
to a debt collector about a debt count for purposes of the “call frequency
prong” of the presumptions related to telephone call frequency?
3. Does the prohibition against repeated or
continuous telephone calls or conversations apply to other media types, such as
electronic messages that may be received on a mobile phone?
4. How do the presumptions related to
telephone call frequency apply if a consumer has multiple telephone numbers?
5. If a debt collector learns that a telephone
number the debt collector previously called is not associated with the
consumer, do those calls count toward the presumptions related to telephone
call frequency for the consumer?
6. How does a telephone conversation about multiple
debts count for purposes of the “conversation frequency prong” of the
presumptions related to telephone call frequency?
7. If a debt collector calls a consumer to
discuss multiple debts the consumer owes or allegedly owes but does not reach
the consumer or leave any voicemails, how do those telephone calls count for
purposes of the “call frequency prong” of the presumptions related to telephone
call frequency?
8. What if a debt collector operates in a state that has
different rules regarding how many times a debt collector may call or have a
conversation with a consumer about a debt?
Telephone Call Frequency: Excluded Calls
1. Are certain telephone calls excluded from
the presumptions related to telephone call frequency?
2. How long is a consumer’s direct prior
consent valid?
3. What are some examples of calls that are
connected to a dialed number and calls that are not connected to a dialed
number?
4. Is a limited-content message excluded from
the presumptions related to telephone call frequency?
5. Is a debt collector’s return telephone call responding to a
consumer’s inquiry about settling the consumer’s debt excluded from the
presumptions related to telephone call frequency?
Telephone Call Frequency: Rebutting the
Presumptions
1. What factors rebut the presumption of
compliance with the prohibition against repeated or continuous telephone calls
or conversations?
2. What factors rebut the presumption of a
violation of the prohibition against repeated or continuous telephone calls or
conversations?
3. If a debt collector places a payment
reminder call that exceeds the telephone call frequencies, can the debt
collector rebut the presumption of a violation?
4. If a debt collector places a telephone call in response to a
consumer inquiry about resolving the consumer’s debt, and the debt collector’s
call exceeds the telephone call frequencies, can the debt collector rebut the
presumption of a violation?
insideARM perspective
It’s nice to see the CFPB attempt to clarify Reg F; however, these FAQs refer to only two sections of the regulation. Among other areas of grey, there remains much uncertainty regarding the Model Notice, electronic communications, opt-outs, and conflicts with state law. Hopefully, now that the CFPB has its Director situation settled, it will issue FAQs to clarify other parts of Reg F.
