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Text and Voicemail OK, Employer Email Not OK For Limited-Content Message by CFPB Proposed Rulemaking Issued

  • Written by CFPB

Comments and interpretations will abound but for now, a bright line has been drawn by the CFPB’s long awaited Notice of Proposed Rulemaking (NPRM). According to page 62 of the 538 page NPRM:

“The proposal would enable a debt collector to transmit a limited-content message by voicemail, by text message, or orally. Debt collectors may be most likely to use these methods to send limited-content messages, and these methods may be most likely to generate a response from a consumer. The proposal would not enable a debt collector to transmit a limited-content message by email because, as discussed below, email messages typically require additional information (e.g., a sender’s email address) that may in some circumstances convey information about a debt, and consumers may be unlikely to read or respond to an email containing solely the information included in a limited-content message (e.g., consumers may disregard such an email as spam or a security risk)."

Permission-based emails are an exception.

The obviously well-researched document also refers to 7,700 collection agencies in the U.S. While it appears overstated, they all should make themselves known by commenting on this watershed legal landscape change.

For further information contact: This email address is being protected from spambots. You need JavaScript enabled to view it. or at the CFPB: Adam Mayle, Counsel; or Dania Ayoubi, Owen Bonheimer, Seth Caffrey, David Hixson, David Jacobs, Courtney Jean, or Kristin McPartland, Senior Counsels, Office of Regulations, at 202–435–7700. For the NRPM click here. If you require this document in an alternative electronic format, click here.