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ON THE RADAR- TEXTS AND EMAILS NOW A-O-K UNDER UPDATED REGULATION

Posted by Ryan D. Peterson | Oct 27, 2021 | 0 Comments

The Consumer Financial Protections Bureau issued regulations regarding the Fair Debt Collection Practices Act (FDCPA) and here is what you, the consumer, need to know about it:

Beginning November 30th, 2021, if you receive an email or text message regarding a debt, DO NOT assume it is spam or clickbait. In the past, collection agencies were wary of sending texts and emails to consumers. This was because they wanted to avoid the risk of revealing your personal or private financial information to someone who isn't you. But starting at the end of November, collectors will be explicitly allowed to send you email and text messages to notify you of an outstanding debt or make attempts to collect. The goal of this change was to provide both consumers and collectors accesses to a more convenient method of communication. 

You should care about this because:

-We all get a lot of scam texts and emails every day. It would be easy to push these legitimate and important notifications into a spam folder without a second glance. You should be aware that these messages are real and read them carefully.

-Switching to electronic communication is a more eco-friendly and sustainable way to conduct business. 

-You have the power to opt-out. Collectors are required to have clear opt-out instructions on every electronic communication if you prefer to receive traditional paper mail.  

– You still have rights as a consumer. Under the FDCPA, collectors are prohibited from sending harassing communications. If these messages are constant and overwhelming, you can hold the collectors responsible. 

For more information about the updated regulation, visit the CFPB website. 

About the Author

Ryan D. Peterson

Attorney Ryan D. Peterson Ryan D. Peterson is a former debt collection attorney turned consumer rights expert and advocate. After graduating from William Mitchell law school in 2008, Ryan opened his own criminal defense firm. In 2010 Ryan joined a Minneapolis-based debt collection firm. Ther...

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