# Regulation F — Annotated for California Practice

The CFPB's **Regulation F** implements and supplements the
FDCPA. Codified at **12 CFR pt 1006**. Effective November 30,
2021.

> **NOT LEGAL ADVICE.** Verify current text against eCFR.

## Why Regulation F matters

Reg F **updates** the FDCPA's 1977-vintage requirements for
modern collection (email, text, electronic communication) and
**clarifies** ambiguous provisions. Key changes:

- Specifies how § 1692c communication restrictions apply to
  email and text
- Requires a more detailed validation notice (§ 1006.34)
- Treats time-barred debt collection as presumptively unfair
  and restricted (§ 1006.26)
- Restricts telephone call frequency to no more than 7 calls
  in 7 days per consumer per debt

California debt-defense counterclaims typically plead **both**
FDCPA § 1692 violations and Reg F § 1006 violations as
parallel claims. The UCL's 4-year SOL also captures Reg F
violations as the "unlawful" prong predicate.

## Key sections

### § 1006.6 — Communications with consumers

Translates FDCPA § 1692c into modern terms:

- (b)(1): No communication at unusual times or places
- (b)(2): No communication at consumer's workplace
- (b)(3): Cease-and-desist — consumer can send written notice
  to stop all contact
- (b)(4): Specific limitations on electronic communication
  methods

#### Email and text rules

- A consumer's email address can be used if it was obtained
  in connection with the debt OR through a procedure designed
  to ensure correct attribution
- A consumer's text-able phone number can be used if obtained
  similarly
- The collector must provide an opt-out method in every
  electronic communication
- **California note**: If the consumer's email or phone was
  not obtained directly in connection with the debt, the
  collector must confirm attribution through a skip-trace
  procedure designed to avoid incorrect attribution

### § 1006.14 — Harassing, oppressive, or abusive conduct

Specifies what constitutes harassment:

- **Phone calls**: more than **7 calls in a 7-consecutive-day
  period** (per debt, per consumer) OR contacting the consumer
  after having a telephone conversation within the preceding 7
  days is **presumptive harassment** (subject to a safe harbor
  if the consumer consented)
- Profanity and threats
- Publication of debt to others (other than credit bureaus)

The 7-in-7 safe harbor is a bright line. Document call logs
to establish violations.

### § 1006.18 — False, deceptive, or misleading representations

Mirrors FDCPA § 1692e:

- (b)(1): false representation of character, amount, or legal
  status of a debt
- (b)(2): threat to take action that cannot legally be taken
- (e)(2): use of false representation or deceptive means

### § 1006.22 — Unfair or unconscionable means

Mirrors FDCPA § 1692f:

- (e)(1): collection of unauthorized amounts
- (e)(2): post-dated checks
- (e)(5): post card communications
- (i): nonjudicial action without present right

### § 1006.26 — Time-barred debt

**Critical for California debt-defense.** § 1006.26(b) provides:

- A debt collector **must not bring or threaten to bring**
  legal action on a debt the collector knows or should know
  is **time-barred** under the applicable state statute
- "Knows or should know" is an objective standard based on
  the information in the collector's possession

In California practice, suing on a debt past CCP § 337's
4-year SOL (written contract) or CCP § 339's 2-year SOL
(oral contract) violates Reg F § 1006.26. File a counterclaim
citing FDCPA § 1692e(5) (threat to take prohibited action)
**and** Reg F § 1006.26.

Note: § 1006.26(c) requires debt collectors to disclose
that the debt is time-barred if they seek voluntary payment
on a time-barred debt — and that they cannot sue and that
the debt may not appear on credit reports.

### § 1006.30 — Obtaining location information

Restrictions on how collectors may seek location information
about consumers from third parties.

### § 1006.30(a) — First-communication notice

The first communication must identify the collector as a
debt collector (mini-Miranda); specific requirements apply
to electronic communications.

### § 1006.34 — Validation information

The full validation-notice content requirements. Required
fields include:

- The amount of the debt as of the date of the notice
- Itemization-date information: a "reference date" for the
  account (e.g., date of last statement, date of last payment,
  date of charge-off, date the debt was acquired, or date of
  the validation notice)
- The itemized list of interest, fees, payments, and credits
  since the reference date
- Account-number information (at least last 4 digits)
- Original creditor's name (if different from current creditor)
- Contact information for the current creditor
- The consumer's right to dispute within 30 days
- "Consumer Response" section — standardized opt-in to request
  information or dispute

A validation notice omitting any required field is a violation.
FDBPA § 1788.58 imposes overlapping documentation requirements
in complaint allegations for California debt-buyer cases.

### § 1006.38 — Disputes and requests for information

If the consumer disputes within the validation period:

- The collector must cease collection until verification is
  obtained and provided
- Verification must be sufficient to substantiate the debt
  under § 1006.38(c): the name and address of the original
  creditor and the itemized balance

The verification duty under Reg F is more detailed than
FDCPA § 1692g — the verification must be substantive, not
a bare acknowledgment that the debt is owed.

## Counterclaim under Reg F

The FDCPA's § 1692k civil-liability provision incorporates
Reg F violations — 15 U.S.C. § 1692k applies to "any
provision of this title or any regulation prescribed
thereunder." Reg F § 1006.6(b) cross-references FDCPA
remedies for Reg F violations.

Reg F counterclaims are pled together with FDCPA and Rosenthal
Act counterclaims:

```
SECOND CAUSE OF ACTION — Fair Debt Collection Practices Act
and Regulation F (15 U.S.C. § 1692 et seq.; 12 CFR pt 1006)

[N]. ...

[N+1]. Plaintiff/Counter-Defendant violated the FDCPA and
Regulation F in the following ways:

  (a) By bringing this action on a debt that is past the
      4-year statute of limitations under CCP § 337, in
      violation of 15 U.S.C. § 1692e(5), 15 U.S.C.
      § 1692f, and 12 CFR § 1006.26(b);

  (b) By failing to provide the validation notice required
      by 12 CFR § 1006.34(b) in its initial communication
      with Counter-Claimant;

  (c) By communicating with Counter-Claimant by telephone
      more than 7 times in 7 days, in violation of 12 CFR
      § 1006.14(b);

  (d) By failing to provide the time-barred disclosure
      required by 12 CFR § 1006.26(c) when seeking
      voluntary payment on a time-barred debt.
```

## Common Reg F / California debt-defense patterns

| Pattern | Section |
|---------|---------|
| Suit on time-barred debt | § 1006.26(b) |
| No time-barred disclosure | § 1006.26(c) |
| Defective validation notice | § 1006.34 |
| Missing itemization | § 1006.34(c)(2)(viii) |
| Failure to cease on dispute | § 1006.38 |
| 7-in-7 call-frequency violations | § 1006.14(b) |
| Email/text without proper attribution | § 1006.6(b)(4) |
| Failure to identify as debt collector | § 1006.18(a) |
| Continued collection after attorney representation | § 1006.6(b)(3) |

## Statute of limitations

Reg F violations are FDCPA violations for limitations
purposes — **1 year** from violation under 15 U.S.C.
§ 1692k(d).

**California UCL extension**: Bus. & Prof. Code, § 17208
provides a 4-year SOL for UCL claims. Every Reg F violation
is also an "unlawful" prong predicate under the UCL. For
Reg F violations more than 1 year old (but less than 4 years
old), plead the UCL "unlawful" prong.

## How to verify a Reg F section

```
WebFetch:
  url: https://www.ecfr.gov/current/title-12/chapter-X/
       part-1006/section-1006.[NN]
  prompt: Locate 12 CFR § 1006.[NN]. Quote the verbatim text
          as currently in effect. Identify any amendments
          effective in the past year.
```

## Cross-references

- `ca-consumer-debt` SKILL — main bundle
- `references/fdcpa.md` — federal companion statute
- `references/rosenthal-act.md` — California state-law parallel
- `ca-law-references/references/federal-debt-laws/Reg-F.md`
  (when populated) — verbatim Reg F text
- eCFR (canonical): https://www.ecfr.gov/current/title-12/
  chapter-X/part-1006
- CFPB implementation page:
  https://www.consumerfinance.gov/policy-compliance/rulemaking/
  final-rules/debt-collection-practices-regulation-f/