Q: What does the Bureau’s Reg. F, which implements their debt collection rule, cover?
A: The Debt Collection Rule covers debt collectors and debts, as those terms are defined in the FDCPA. Thus, the Rule does not alter which debt collectors and debts are covered under the FDCPA. For example, the Rule does not expand coverage to first-party debt collectors that are not debt collectors under the FDCPA.
Additionally, many of the FDCPA’s requirements and prohibitions apply to “communications.” The Debt Collection Rule clarifies that communications and attempts to communicate can occur through newer technologies, such as calls and texts to mobile telephones, email messages, and messages conveyed through social media. The Rule also clarifies that “attempts to communicate” are subject to certain requirements and prohibitions as set forth in the Rule.
The Rule adds the term “limited-content message” and excludes such messages from the Rule’s definition of communication. However, limited-content messages are attempts to communicate pursuant to the Rule.