CFPB publishes FAQs regarding Limited Content Messages and Call Frequencies

On October 1, 2021, the CFPB published Frequently Asked Questions (FAQs) related to the Limited Content Message and Call Frequency Presumptions included in Regulation F (Reg F). These FAQs are a Compliance Aid designed to help collection agencies comply with Reg F, which goes into effect on 11/30/21. Per the CFPB's January 27, 2020, Policy Statement, "Compliance Aids are not rules. Rather, they present the requirements of existing rules and statutes in a manner that is useful for compliance professionals, other industry stakeholders and the public."

The FAQ topics are listed below. In response to each of these questions, the CFPB provided guidance on the issue and the appropriate cite to Reg F.

Limited-Content Messages

1. What is a “limited-content message”? 

2. Is a limited-content message a “communication”? 

3. Is a voicemail a limited-content message if it contains information that is required by state law but that is not required or optional content under the Rule?

4. If a call drops or is otherwise interrupted while a debt collector is leaving a limited-content message, is the voicemail still a limited-content message? 

5. Can a debt collector use a pre-recorded voicemail message to deliver a limited-content message?

6. Are Zortman voicemails considered limited-content messages?

7. Does the Debt Collection Rule prohibit a debt collector from leaving a Zortman voicemail? 

8. Is a debt collector required to use their legal or registered Doing Business As (DBA) name in a limited-content message?

9. If the recipient of a limited-content message researches the business name and identifies the caller as a debt collector, does that mean the voicemail is no longer a limited-content message?

Telephone Call Frequency

1. Does the Debt Collection Rule limit the frequency of telephone calls a debt collector can place, or telephone conversations a debt collector may have, about a debt?

Telephone Call Frequency: Presumptions

1. What are the presumptions related to telephone call frequency? 

2. Do incoming telephone calls from a consumer to a debt collector about a debt count for purposes of the “call frequency prong” of the presumptions related to telephone call frequency?

3. Does the prohibition against repeated or continuous telephone calls or conversations apply to other media types, such as electronic messages that may be received on a mobile phone?

4. How do the presumptions related to telephone call frequency apply if a consumer has multiple telephone numbers? 

5. If a debt collector learns that a telephone number the debt collector previously called is not associated with the consumer, do those calls count toward the presumptions related to telephone call frequency for the consumer? 

6. How does a telephone conversation about multiple debts count for purposes of the “conversation frequency prong” of the presumptions related to telephone call frequency?

7. If a debt collector calls a consumer to discuss multiple debts the consumer owes or allegedly owes but does not reach the consumer or leave any voicemails, how do those telephone calls count for purposes of the “call frequency prong” of the presumptions related to telephone call frequency?

8. What if a debt collector operates in a state that has different rules regarding how many times a debt collector may call or have a conversation with a consumer about a debt?

Telephone Call Frequency: Excluded Calls

1. Are certain telephone calls excluded from the presumptions related to telephone call frequency?

2. How long is a consumer’s direct prior consent valid? 

3. What are some examples of calls that are connected to a dialed number and calls that are not connected to a dialed number?

4. Is a limited-content message excluded from the presumptions related to telephone call frequency? 

5. Is a debt collector’s return telephone call responding to a consumer’s inquiry about settling the consumer’s debt excluded from the presumptions related to telephone call frequency?

Telephone Call Frequency: Rebutting the Presumptions

1. What factors rebut the presumption of compliance with the prohibition against repeated or continuous telephone calls or conversations? 

2. What factors rebut the presumption of a violation of the prohibition against repeated or continuous telephone calls or conversations? 

3. If a debt collector places a payment reminder call that exceeds the telephone call frequencies, can the debt collector rebut the presumption of a violation?

4. If a debt collector places a telephone call in response to a consumer inquiry about resolving the consumer’s debt, and the debt collector’s call exceeds the telephone call frequencies, can the debt collector rebut the presumption of a violation?

insideARM perspective

It's nice to see the CFPB attempt to clarify Reg F; however, these FAQs refer to only two sections of the regulation. Among other areas of grey, there remains much uncertainty regarding the Model Notice, electronic communications, opt-outs, and conflicts with state law. Hopefully, now that the CFPB has its Director situation settled, it will issue FAQs to clarify other parts of Reg F.