Can I Stop Debt Collectors From Texting Me?

You may be aware that relatively recent changes to federal regulations have resulted in the ability for debt collectors to contact consumers in a new manner: through text messaging. In 2020, the Consumer Financial Protection Bureau (CFPB) finalized amendments to Regulation F. With those new amendments, debt collectors have been permitted to make contact with consumers through electronic communications, including texting. Yet it is essential to know that the amendments to Regulation F do not exclude text messages or other forms of communication by debt collectors from the Fair Debt Collection Practices Act (FDCPA). To be sure, if a debt collector engages in texting in a manner that violates the FDCPA, the affected debtor may be able to file a claim. In addition, debtors may have options to opt out of receiving text messages from debt collectors. Our experienced Oak Park consumer protection lawyers can provide you with more information.

Amendments to Regulation F Allow Debt Collectors to Text You

Since the CFPB finalized amendments to Regulation F, debt collectors have been permitted to contact debtors through electronic communications. The following information was printed in the Federal Register dated November 30, 2020, concerning the changes to Regulation F:

“Clarifies that newer communication technologies, such as emails and text messages, may be used in debt collection, with certain limitations to protect consumer privacy and to protect consumers from harassment or abuse, false or misleading representations, or unfair practices.”

In short, debt collectors are generally permitted to contact you by text, but there are limitations.

You Can Opt Out of Text Messaging, and Other Requirements for Text Messages From Debt Collectors

For a debt collector to contact a debtor via text messaging, the debt collector’s electronic communications—whether email or text—are required to “include instructions for a reasonable and simple method by which a consumer can opt out of receiving further emails or text messages.” To be clear, if you are receiving text messages from a debt collector, the debt collector must provide you with instructions for opting out of those text messages, and you are allowed to then follow those instructions to opt out of subsequent text messaging. If you follow the debt collector’s instructions for opting out of text messaging and continue to receive texts from that debt collector, you should know that the debt collector may violate the FDCPA, and you could be eligible to file a claim.

In addition to the ability to opt out of texts, you should also know that the debt collector cannot engage in any of the types of unfair or deceptive debt collection practices through text that are prohibited through any other form of communication with you, such as:
  • Texting at odd and inconvenient hours;
  • Lying to you in text messages;
  • Threatening you via text; or
  • Contacting co-workers, employers, friends, or neighbors via text about your debts.
Contact an Oak Park Consumer Protection Lawyer

Do you need help filing an FDCPA claim or dealing with a debt collector? One of our experienced Oak Park consumer protection attorneys is here to help you. Contact the Emerson Law Firm to learn more about our services.


See Related Blog Posts:

When Should a Consumer File for Chapter 11 Bankruptcy?

How Does Consumer Debt Collection Work?

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