The CFPB's Final Collections Rule: Using Email And Text Messages

Continuing our series of blog posts breaking down the CFPB's final debt collection rule, we now discuss the use of email and text messages, and how to qualify for a safe harbor from civil liability for unintentional third party disclosures resulting from these types of communications.

In terms of the frequency of email and text messages, the final rule does not set any hard limit. However, Section 1006.14(a) sets forth a general standard that prohibits a debt collector from engaging in conduct, the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. The rule's commentary makes clear that while not subject to a hard, numerical limitation, text messages and emails, either alone or in combination with other communication types, may result in harassment, and therefore, violate the FDCPA. Section 1006.6(e) also requires that each of a debt collector's emails and text messages include clear and conspicuous