Protecting the Rights of Consumers For Over 25 Years

On April 19, 2021, the Consumer Financial Protection Breuau has issued an interim final rule that  (1) requires debt collectors to provide written notice to certain consumers about the CDC’s temporary eviction protections; and (2) prohibits debt collectors from misrepresenting that a consumer is ineligible for eviction protection under the CDC’s moratorium.  The CDC Order “generally prohibits a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action from evicting for non-payment of rent any person protected by the CDC Order from any residential property in any jurisdiction in which the CDC Order applies.” This prohibition applies to any agent or attorney acting on behalf of a landlord or owner of a residential property. The CFPB issued the interim final rule due to its concerns that consumers are unaware of their protections under the CDC Order and that debt collectors may be engaging in eviction-related conduct that violates the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. (the “FDCPA”). The IFR applies to “debt collectors,” “consumers,” and “debt,” as defined in the FDCPA.