Using Technology to Collect Debt: Navigating the Regulatory Landmines

While the CFPB’s new Regulation F purports to bring certainty to debt collectors’ use of electronic communications to collect debt, many open questions remain. Will debt collectors actually follow the highly technical procedures set forth in the rule, and what is a creditor’s obligation when its debt collector decides to follow Reg F’s safe harbors? Will the CFPB hold creditors to the same standards in Reg F as debt collectors? Now that the CFPB has expressly authorized the use of text messages to collect debt, what are the implications of the U.S. Supreme Court’s Facebook case on the use of account-related text messages? Finally, what are the implications of the Eleventh Circuit’s recent Hunstein decisions on the use of email, text message, and skip tracing vendors?

Collections and Recovery Workshop