Debt Collection Practices and Unlimited Texting: Will Consumers Face Harassment?
Oak Park residents who are struggling with debt and dealing with frequent contact from debt collectors may know that the Consumer Financial Protection Bureau (CFPB) recently released a proposal that would include additional protections from consumers but also would give debt collectors more opportunities to contact consumers. As a recent article in USA Today explains, “more than 20 U.S. Senators are calling on the Consumer Financial Protection Bureau to reconsider a proposal that would allow debt collectors to send unlimited texts and emails to consumers, as well as call them seven times a week per debt.”
Concerns About How CFPB Plans Will Impact Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) provides consumers with rights when it comes to debt collection, and it limits the amount and type of contact a debt collector can make with a consumer. For example, the FDCPA prohibits a debt collector from calling at inconvenient times—typically very early in the morning or late at night—and it also prohibits debt collectors from calling a consumer at work if that consumer requests that all workplace calls cease. In addition, the FDCPA requires debt collectors to provide consumers with specific information about their debts, and it allows the CFPB to take action if debt collectors engage in unfair, fraudulent, or deceptive practices when attempting to collect on debts.
However, many consumer protection advocates voiced concern with the CFPB’s recent proposal, which would permit debt collectors to begin texting consumers. As the article underscores, a large number of U.S. senators are also concerned about the effects such changes could have on consumer protection and the teeth of the FDCPA.
Senators Push Back Against Proposal Allowing Debt Collectors to Text Consumers
Several of the U.S. senators who object to the CFPB proposal drafted a letter in support of consumers and their rights under the FDCPA. Those senators include several people seeking the Democratic nomination, including Kamala Harris, Elizabeth Warren, Kirstin Gillibrand, Cory Booker, and Bernie Sanders.
The senators focused on the problem of frequent texting, particularly for consumers who do not have unlimited texting plans and likely will end up paying additional cell phone bill costs for texts received from debt collectors. The letter drafted by the senators clarified: “By allowing debt collectors to send consumers unlimited text messages and emails without first receiving affirmative consent for such a method of communication, the proposed rule permits collectors to overwhelm consumers with intrusive communications.”
The letter went on to address the financial aspect of texting: “[S]ince the CFPB is not requiring collectors to use free-to-end-user text messaging, the CFPB is placing the cost burden of these text messages on the consumer.” For now, consumers will need to wait and see whether the CFPB proposal ultimately takes effect.
Seek Advice from an Oak Park Consumer Protection Lawyer
If you have questions about your rights under the FDCPA, you should speak with an Oak Park consumer protection attorney as soon as possible. Contact the Emerson Law Firm for more information.
See Related Blog Posts:
What Documents Do I Need to File for Bankruptcy?
Wage Garnishment and Bankruptcy in Illinois
Concerns About How CFPB Plans Will Impact Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) provides consumers with rights when it comes to debt collection, and it limits the amount and type of contact a debt collector can make with a consumer. For example, the FDCPA prohibits a debt collector from calling at inconvenient times—typically very early in the morning or late at night—and it also prohibits debt collectors from calling a consumer at work if that consumer requests that all workplace calls cease. In addition, the FDCPA requires debt collectors to provide consumers with specific information about their debts, and it allows the CFPB to take action if debt collectors engage in unfair, fraudulent, or deceptive practices when attempting to collect on debts.
However, many consumer protection advocates voiced concern with the CFPB’s recent proposal, which would permit debt collectors to begin texting consumers. As the article underscores, a large number of U.S. senators are also concerned about the effects such changes could have on consumer protection and the teeth of the FDCPA.
Senators Push Back Against Proposal Allowing Debt Collectors to Text Consumers
Several of the U.S. senators who object to the CFPB proposal drafted a letter in support of consumers and their rights under the FDCPA. Those senators include several people seeking the Democratic nomination, including Kamala Harris, Elizabeth Warren, Kirstin Gillibrand, Cory Booker, and Bernie Sanders.
The senators focused on the problem of frequent texting, particularly for consumers who do not have unlimited texting plans and likely will end up paying additional cell phone bill costs for texts received from debt collectors. The letter drafted by the senators clarified: “By allowing debt collectors to send consumers unlimited text messages and emails without first receiving affirmative consent for such a method of communication, the proposed rule permits collectors to overwhelm consumers with intrusive communications.”
The letter went on to address the financial aspect of texting: “[S]ince the CFPB is not requiring collectors to use free-to-end-user text messaging, the CFPB is placing the cost burden of these text messages on the consumer.” For now, consumers will need to wait and see whether the CFPB proposal ultimately takes effect.
Seek Advice from an Oak Park Consumer Protection Lawyer
If you have questions about your rights under the FDCPA, you should speak with an Oak Park consumer protection attorney as soon as possible. Contact the Emerson Law Firm for more information.
See Related Blog Posts:
What Documents Do I Need to File for Bankruptcy?
Wage Garnishment and Bankruptcy in Illinois
Comments
Post a Comment