Virtual Lunch and Learn CFPB New Rule
CFPB-Bureau Issues Interim Final Rule on Fair Debt Collection Practices Act
Speaker: Joseph Wallace, Simpson, Jensen, Abels, Fischer & Bouslog, P.C.
Date: TUESDAY, April 27, 2021
Time: 12:00 p.m. – 12:30 p.m.
Cost: Complimentary for GIAA Members courtesy of Joseph Wallace
On April 19, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule requiring “debt collectors” to provide written notice to renters of their rights under the CDC’s eviction moratorium order and prohibiting "debt collectors" from misrepresenting renters’ eligibility for protection from eviction under the moratorium. The rule will go into effect on May 3 and last through the duration of the CDC Order, which was recently extended through June 30, 2021.
To understand whether the rule applies to you, it is important to note the CFPB’s definition of “debt collector,” derived from the Fair Debt Collection Practices Act (FDCPA). According to the CFPB, under the FDCPA:
[The interim final rule requirement] may include lawyers who represent landlords or property managers in eviction court to collect unpaid rent, if they start collecting the debt for [a renter’s] landlord after [renters] fall behind on [their] payments.
This interim final ruling only adds to the confusion as federal, state and local eviction moratoria are being applied very differently in courts across the country.
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