FDCPA Electronic Comm Opt Out FAQ 3 – What are considered reasonable and simple methods for opting out of electronic communications under the Debt Collection Rule?

Compliance > FDCPA
Q:  What are considered reasonable and simple methods for opting out of electronic communications under the Debt Collection Rule?
 
A:   (UPDATED 7/27/2022)
 
Reasonable and simple methods for opting out include providing an electronic means to opt out, such as a hyperlink, or allowing the consumer to opt out by replying to the communication with the word “stop.” However, requiring a consumer who receives the opt-out notice electronically to opt out by postal mail, telephone, or visiting a website without providing a link does not satisfy the requirement to provide a reasonable and simple method for opting out. Comments 6(d)(4)(ii)(C)(4)-1 and 6(e)-1.

For example, suppose a debt collector sends a text message to a consumer’s mobile telephone number with the following instruction: “Reply STOP to stop texts to this telephone number.” Assuming that it is readily noticeable and legible to consumers, this instruction constitutes a clear and conspicuous statement describing a reasonable and simple method to opt out of receiving further text messages from the debt collector to that telephone number.
 
For more information on the Debt Collection Rule’s opt-out notice requirement, see Debt Collection Electronic Communication: Opt-out Notice Questions 1 and 2 and Section 5 of the Debt Collection Small Entity Compliance Guide.
 
 
ADDITIONAL INFORMATION:
This Q&A was created based on information from CFPB’s website (which may be updated from time to time) that provides Debt Collection Rule FAQs.  This information may be found on CFPB’s website here:  https://www.consumerfinance.gov/compliance/compliance-resources/other-applicable-requirements/debt-collection/debt-collection-rule-faqs/#validation-information
 

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