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New Fair Debt Collection Rules Impact Consumer Financial Services Industry

April 29, 2021 | by Caren D. Enloe

This article was published in the March 2021 Issue of Paradigm Magazine by the International Society of Primerus Law Firms.

The Consumer Financial Protection Bureau (CFPB) has published its final rule on debt collection (the Rule). 12 C.F.R. Part 1006. Unless further modified by the new administration, the Rule will take effect on November 30, 2021.

In this article, Caren examines the notable changes impacting the Consumer Financial Services industry. The changes she highlights include:

  • Who’s Covered
  • Limited Content Messages
  • Call Frequency Limitations
  • Use of Electronic Communications
  • Reinventing the Debt Validation Notice
  • Restrictions on Credit Reporting
  • Additional interventions under consideration at the CFPB

To view the published edition, please click here.

Caren Enloe leads Smith Debnam’ s consumer financial services litigation and compliance group. In her practice, she defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws.  Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues. An active writer and speaker, Caren currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association’s Consumer Financial Services Committee. She is also a member of the Defense Bar for the National Creditors Bar Association, the North Carolina State Chair for ACA International’s Member Attorney Program and a member of the Bank Counsel Committee of the North Carolina Bankers Association. Most recently, she was elected to the Governing Committee for the Conference on Consumer Finance Law. In 2018, Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication. Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker.  ...LEARN MORE

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