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CFPB: Effective Date for Debt Collection Final Rules is Nov. 30, 2021


CFPBThe Consumer Financial Protection Bureau (CFPB) announced on July 30 that it will be withdrawing its earlier proposal to extend the Regulation F effective date by 60 days. Thus, the original effective date of Nov. 30, 2021, will remain.

The proposal to extend the date, discussed here, was intended to address the “disruption caused by the global COVID-19 pandemic” and “afford stakeholders additional time to review and, if applicable, to implement the Debt Collection Final Rules.” According to the CFPB, “[t]he public comments generally did not support an extension.”

While the comments from industry generally indicated readiness by the original effective date, a number of consumer advocates pushed for an extension for the wrong reasons:

Although consumer advocate commenters generally supported extending the .effective date, they did not focus on whether additional time is needed to implement the rules. The alternative basis for an extension that many commenters urged, a reconsideration of the rules, was beyond the scope of the NPRM and could raise concerns under the Administrative Procedure Act.

However, the CFPB noted that “[n]othing in this decision precludes the CFPB from reconsidering the debt collection rules at a later date.”

Eric Rosenkoetter is a principal at Maurice Wutscher LLP, and is focused on advising clients with respect to federal and state consumer financial protection laws and data privacy and security, and he is a Certified Information Privacy Professional though the International Association of Privacy Professionals. He also brings to the table experience as a litigator, chief compliance and ethics officer, director of legislative affairs, federal lobbyist, and administrative hearings officer. Eric earned his Juris Doctor from Washington University School of Law, and his Bachelor of Business Administration from Southern Methodist University. He is a member of the International Association of Privacy Professionals, the Receivables Management Association International (RMAI), and ACA International. He is admitted to practice law in Texas and Missouri and in the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas. For more information, see https://mauricewutscher.com/attorneys/eric-rosenkoetter/

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