Q: What is the Debt Collection Rule’s opt-out notice requirement for electronic communications?
A: (UPDATED 7/27/2022)
The Debt Collection Rule requires a debt collector to include a clear and conspicuous opt-out notice in all electronic communications and electronic attempts to communicate with a consumer in connection with the collection of a debt. The opt-out notice must describe a reasonable and simple method by which the consumer can opt out of further electronic communications or attempts to communicate by the debt collector to the specific email address, telephone number for text messages, or other electronic-medium address to which the electronic communication or electronic attempt to communicate is sent. 12 CFR § 1006.6(e). The opt-out notice requirement applies if the electronic communication or attempt to communicate is sent by email, by text message, or by any other electronic medium that uses a specific electronic address. 12 CFR § 1006.6(e).
For more information on the Debt Collection Rule’s opt-out notice requirements, see Debt Collection Electronic Communication: Opt-out Notice Questions 1 and 3 and Section 5 of the Debt Collection Small Entity Compliance Guide.