CFPB Extends the Comment Period for Proposed Debt Collection Rule in Response to Consumer Advocate and Industry RequestsThe Consumer Financial Protection Bureau (CFPB) formally extended the comment period for its proposed debt collection rulemaking on Friday, August 2. Rather than requiring that all comments be submitted by August 19, 2019, anyone interested in submitting a comment now has an extra 30 days to do so. The official comment period for the debt collection notice of proposed rulemaking will now close on September 18, 2019.

The CFPB initially released its notice of proposed rulemaking to amend Regulation F on May 7, 2019, and published it in the Federal Register on May 21, 2019. From that point, the CFPB initially set out a 90-day comment period. However, numerous consumer advocacy groups and industry trade associations recently requested that the CFPB provide additional time for all interested stakeholders to opine on the proposed rule. In response to those requests, the CFPB decided that an additional 30 days is warranted.

As discussed in prior posts, the proposed debt collection rulemaking will have broad implications for consumers, entities that qualify as debt collectors, and first-party creditors. As such, engaging in the rulemaking process now and providing the CFPB with feedback is important and can pay dividends in the future. We have seen in the past with other significant CFPB rulemakings that it is extremely challenging to make substantive changes to the law after final rules are issued, and even more so after they become effective. Particularly if you believe that the current proposal will have unintended consequences on your business or that additional guidance in certain areas is needed, it would be prudent to utilize the extra time that is now being afforded and engage with the CFPB to let them know your thoughts on the proposed rule before it is too late.

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Photo of Lee Gilley Lee Gilley

Lee Gilley represents financial institutions, including banks, mortgage companies, debt collectors, small dollar lenders, and payment systems providers (credit cards, debit cards, prepaid cards, mobile payments, etc.) in litigation and regulatory matters related to compliance with the Card Act, ECOA, EFTA, FCRA, FDCPA…

Lee Gilley represents financial institutions, including banks, mortgage companies, debt collectors, small dollar lenders, and payment systems providers (credit cards, debit cards, prepaid cards, mobile payments, etc.) in litigation and regulatory matters related to compliance with the Card Act, ECOA, EFTA, FCRA, FDCPA, GLBA, HPA, RESPA, TILA, TCPA, CFPB regulations, and numerous other state laws and regulations. Lee is a member of Bradley’s Banking and Financial Services Practice Group, as well as the firm’s Payments and Small Dollar & Unsecured Lending industry teams.

Photo of J. Riley Key J. Riley Key

Riley Key works with financial services clients across the country facing regulatory and enforcement challenges related to obligations imposed by the CFPB, as well as various other federal and state laws. Specifically, Riley helps clients navigate compliance with the Mortgage Servicing Final Rules…

Riley Key works with financial services clients across the country facing regulatory and enforcement challenges related to obligations imposed by the CFPB, as well as various other federal and state laws. Specifically, Riley helps clients navigate compliance with the Mortgage Servicing Final Rules in Regulations X and Z and the TILA-RESPA Integrated Disclosure Rule, as well as a host of federal and state regulations, including TILA, RESPA, FDCPA, FCRA, and ECOA. View articles by Riley.

Photo of Jonathan R. Kolodziej Jonathan R. Kolodziej

Jonathan Kolodziej represents all types of consumer financial service providers in regulatory compliance, examination and enforcement matters. Through this work, he has assisted bank and non-bank mortgage servicers, mortgage originators, debt collectors, depository institutions, credit card issuers, small dollar lenders, reverse mortgage companies…

Jonathan Kolodziej represents all types of consumer financial service providers in regulatory compliance, examination and enforcement matters. Through this work, he has assisted bank and non-bank mortgage servicers, mortgage originators, debt collectors, depository institutions, credit card issuers, small dollar lenders, reverse mortgage companies, investment firms, and various industry trade associations.