Collector – July 2019 - 21

Calls to mobile telephones and electronic
communications, such as texts and emails,
are subject to the FDCPA's prohibition on
communicating at unusual and inconvenient
times and places.
The big question is: What's the standard
of measurement for an "inconvenient
time" when it comes to an electronic
communication? When debt collectors
send an email, they don't know when
the consumer might view it, nor can
they control that. The CFPB says it will
base its assessment of an "inconvenient
time" on when debt collectors initiate the
communication to the consumer, i.e., when
they send the email or text.
What if a debt collector has two addresses
for the consumer, say one on the West Coast
and one on the East Coast? Which time zone
should you take into account to determine
an "inconvenient time"? The bureau says you
must consider the entirety of the potential
locations when contacting a consumer to
the extent you know or should have known
about them. So in this example, your
communication parameters would likely
start on West Coast time and end on East
Coast time.
In addition, the rule would
generally prohibit a debt collector
from communicating or attempting to
communicate with a consumer using
an email address that the debt collector
knows or should know is maintained by
the consumer's employer or by a social
media platform that is viewable by a
person other than the consumer.

MAY 2015

CFPB projects
pre-rule activities
related to debt
collection will
last through
December 2015.

COLLECTOR 07.19

AUG 2015

One note: if consumers give you
express consent to contact them through
their work email address (and you've
documented that consent) or if consumers
reach out to you through their work
email address, you can assume consent to
contact them with that address until told
otherwise.

LIMITED-CONTENT MESSAGES
The proposed rule attempts to solve
the Catch-22 debt collectors often find
themselves in when it comes to if and how
they can leave a voicemail message for a
consumer. It would define, and provide
example language for, a "Limited-Content
Message" that a debt collector could send by
voicemail or text. The content of a LimitedContent Message would not be considered a
"communication" and, if heard or observed
by a third party, it would not constitute a
prohibited third-party disclosure.
It would convey only the consumer's
name, a request for a reply from the
consumer, the name of a live person the
consumer can contact to reply, a return
phone number and a notice of opt-out (if
applicable). It may optionally include a
salutation, a message date/time, a generic
statement regarding messaging relating to an
"account," and a suggested date/time for the
consumer to reply. The CFPB provides an
example of one such message:
"Hi, this message is for Sam Jones. Sam,
this is Robin Smith. I'm calling to discuss
an account. It is 4:15 p.m. on Wednesday,
September 1. You can reach me, or Jordan

CFPB sends out a
questionnaire on
business processes to
randomly selected
debt collectors and
service providers.

NOV 2015

CFPB projects that
pre-rule activities
will last through
February 2016.

Johnson, at 1-800-555-1212 today until 6:00
p.m. eastern, or weekdays from 8:00 a.m. to
6:00 p.m. eastern."
One note: The proposed rule does say you
can use a pseudonym for the name of the
"live person" in this message.

DECEASED CONSUMERS
The proposed rule would clarify how
and with whom a debt collector can
communicate about a deceased consumer's
debt, as well as how the requirements
regarding validation notices and disputes
would apply after a consumer passes away.

CREDIT REPORTING
The proposed rule would prohibit a debt
collector from reporting collection items
to a consumer reporting agency unless the
debt collector has already communicated
with the consumer; for example, by sending
a letter to the consumer.

TELEPHONE CALL FREQUENCY
LIMITS (AKA CALL CAPS)
Kraninger was very clear that she wants
to set a bright-line rule on call frequency.
The proposed rule would prohibit a debt
collector from calling a person about a
particular debt more than seven times
within a seven-day consecutive period to
collect each debt.
Debt collectors would also be prohibited
from placing a telephone call to a person
within a period of seven days after having
had a telephone conversation with such
person about a particular debt. There are

JUL 2016

CFPB holds field
hearing on debt
collection and releases
outline of proposals
under consideration
for debt collection
rulemaking

AUG 2016

CFPB holds Small
Business Regulatory
Enforcement Fairness
Act panel to gather
industry stakeholder
input on the proposed
rule.

21



Collector – July 2019

Table of Contents for the Digital Edition of Collector – July 2019

Upfront
Industry News
Best Practices
FYI
Collection Tips
What you need to know about the CFPB’s proposed new rule for the debt collection industry
“I don’t know about you, but I’ve literally never received a telegram and wouldn’t even know how to send one.”
Celebrating 80 Years of Helping Members Succeed
How Does ACA Help Members Succeed?
A History of Advocacy
8 Decades of ACA’s Annual Convention
Calendar
Honor Roll
Education Spotlight
Tell It Like It Is: Washington Hears From ACA Members
Collectors Challenge 2019: Getting Creative for a Good Cause
Balance it Out
Balance Billing Challenges Continue
It’s All About You: Helping Members Succeed
Sandbox Rules
What is a Product Sandbox?
in 11th Circuit Case Examining What Constitutes an ATDS
ACA SearchPoint
Ad Index
Membership
Last Word
Collector – July 2019 - Cover1
Collector – July 2019 - Cover2
Collector – July 2019 - 1
Collector – July 2019 - 2
Collector – July 2019 - 3
Collector – July 2019 - Upfront
Collector – July 2019 - 5
Collector – July 2019 - Industry News
Collector – July 2019 - 7
Collector – July 2019 - 8
Collector – July 2019 - 9
Collector – July 2019 - Best Practices
Collector – July 2019 - 11
Collector – July 2019 - FYI
Collector – July 2019 - 13
Collector – July 2019 - Collection Tips
Collector – July 2019 - 15
Collector – July 2019 - What you need to know about the CFPB’s proposed new rule for the debt collection industry
Collector – July 2019 - 17
Collector – July 2019 - “I don’t know about you, but I’ve literally never received a telegram and wouldn’t even know how to send one.”
Collector – July 2019 - 19
Collector – July 2019 - 20
Collector – July 2019 - 21
Collector – July 2019 - 22
Collector – July 2019 - 23
Collector – July 2019 - Celebrating 80 Years of Helping Members Succeed
Collector – July 2019 - 25
Collector – July 2019 - How Does ACA Help Members Succeed?
Collector – July 2019 - 27
Collector – July 2019 - 28
Collector – July 2019 - 29
Collector – July 2019 - A History of Advocacy
Collector – July 2019 - 31
Collector – July 2019 - 8 Decades of ACA’s Annual Convention
Collector – July 2019 - 33
Collector – July 2019 - 34
Collector – July 2019 - 35
Collector – July 2019 - Calendar
Collector – July 2019 - Honor Roll
Collector – July 2019 - Education Spotlight
Collector – July 2019 - 39
Collector – July 2019 - Tell It Like It Is: Washington Hears From ACA Members
Collector – July 2019 - 41
Collector – July 2019 - Collectors Challenge 2019: Getting Creative for a Good Cause
Collector – July 2019 - 43
Collector – July 2019 - Balance Billing Challenges Continue
Collector – July 2019 - 45
Collector – July 2019 - 46
Collector – July 2019 - 47
Collector – July 2019 - It’s All About You: Helping Members Succeed
Collector – July 2019 - 49
Collector – July 2019 - 50
Collector – July 2019 - 51
Collector – July 2019 - What is a Product Sandbox?
Collector – July 2019 - 53
Collector – July 2019 - in 11th Circuit Case Examining What Constitutes an ATDS
Collector – July 2019 - 55
Collector – July 2019 - ACA SearchPoint
Collector – July 2019 - Ad Index
Collector – July 2019 - Membership
Collector – July 2019 - 59
Collector – July 2019 - Last Word
Collector – July 2019 - Cover3
Collector – July 2019 - Cover4
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