Debt Collection Rule Changes You Should Know

March 5, 2022 | Posted in Financial Stability |

On November 30, 2021, the Consumer Financial Protection Bureau’s new Debt Collection Rule became effective. Here are key points to know about the new rule:

What is a debt collection validation notice?

When a debt collector first communicates with you, they are required to provide certain information about the debt. This is called a validation notice. It will be sent in writing or electronically and will generally include:
  • Name and mailing information of the debt collector
  • Name of the creditor to whom the debt is owed
  • Account number (if any) associated with the debt
  • Current amount of the debt that reflects interest, fees, payments, and credits
  • Information about your debt collection rights including how to dispute the debt

The notice allows you to determine whether the information about your debt is correct. The notice must include a “tear-off” form which you can send back to the debt collector to dispute the debt.

 

How can a debt collector contact me?

Under the Debt Collection Rule, collectors cannot call:

  • More than 7 times in a 7-day period, or
  • Within 7 days of having a phone conversation with you about the debt

If a debt collector contacts you on social media:

  • The message must be private
  • They must identify themselves as debt collectors
  • They must provide a way for you to opt out of their communications

 

When can a debt collector report my debt to a credit reporting agency?

Before reporting a debt to a credit reporting agency, the collector must have

  • Spoken to you on the phone or in person about the debt
  • Or have mailed or delivered the notice electronically and waited 14 days to make sure it was delivered

Once you receive the validation notice, that generally means that they have notified you according to the law and they can begin reporting to credit reporting agencies.

For more information about how to check your credit reports for accuracy and/or how to dispute a claim, the CFPB is a great resource! You can also schedule an appointment with one of our Financial Coaches who can walk you through the process and provide any necessary support. Call 737-717-4000 or visit ProsperFinancialWellness.org to schedule your appointment.