# Regulation F — Annotated for Oregon 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 the 1692c communication restrictions apply
  to email and text
- Requires a more detailed validation notice (§ 1006.34)
- Treats time-barred debt collection as presumptively unfair
  (§ 1006.26)
- Restricts call frequency to no more than 7 calls in 7 days
  per consumer

Many Oregon debt-defense counterclaims now plead **both**
FDCPA § 1692 violations and Reg F § 1006 violations as
parallel claims.

## Key sections

### § 1006.6 — Communications

Translates the FDCPA's 1692c into modern terms:

- (b)(1): No communication at unusual times or places
- (b)(2): Same workplace restriction
- (b)(3): Same cease-and-desist (consumer notice)
- (b)(4): Specific limitations on contact methods (call,
  email, text)
- (c): Limited contact with third parties

#### 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

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

Specifies what's harassment:

- Phone calls: more than 7 in 7 days, or contacting after a
  conversation within the last 7 days, is presumptive
  harassment (subject to a safe harbor)
- Profanity, threats
- Publication of debt to others

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

Mirrors FDCPA § 1692e:

- (b)(1): false character, amount, or legal status
- (b)(2): threat to take action that cannot legally be taken
- (e)(2): collection of unauthorized amounts

### § 1006.22 — Unfair or unconscionable

Mirrors FDCPA § 1692f:

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

### § 1006.26 — Time-barred debt

**Critical for 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**
- "Knows or should know" is an objective standard

This codifies what was a court-developed FDCPA rule (*Crawford
v. LVNV Funding* and similar cases) into a clear regulation.

In Oregon practice, suing on a debt past ORS 12.080's 6-year
SOL violates Reg F § 1006.26 — file a counterclaim citing both
the FDCPA § 1692e(5) (threat to take prohibited action) and
Reg F § 1006.26 (unfair time-barred collection).

### § 1006.30 — Communication notice ("first communication")

Replaces and expands the FDCPA § 1692g validation requirement.
A debt collector's first communication must:

- Identify itself as a debt collector
- Provide:
  - The amount owed
  - The name of the original creditor
  - The name of the current creditor (if different)
  - The date of the most recent itemization information
  - The consumer's rights to dispute
  - Information on how to opt out of electronic communication
- For electronic communications, also include a "reasonable
  and simple method" to opt out

### § 1006.34 — Validation information

The full validation-notice content requirements. Detailed
required fields:

- Validation period (30 days)
- Itemization information (per § 1006.34(c)(2)(viii)):
  - Item identification
  - Date of itemization
  - Account number
  - Original creditor information

A validation notice that omits any required field is a
violation. Reg F § 1006.34(b) lists every required
component.

### § 1006.38 — Disputes

If the consumer disputes within the validation period, the
debt collector must:

- Cease collection
- Obtain and provide verification
- Resume only after providing verification

The verification must be sufficient to substantiate the debt
under Reg F § 1006.38(c).

## Counterclaim under Reg F

The FDCPA's § 1692k civil-liability provision incorporates
Reg F violations — see 15 USC § 1692k(a) ("any provision of
this title or any regulation prescribed thereunder") and Reg
F § 1006.6(b) (incorporating FDCPA remedies for Reg F
violations).

Reg F counterclaims are pled together with FDCPA counterclaims:

```
COUNTERCLAIM I — Fair Debt Collection Practices Act and
                 Regulation F (15 USC § 1692 et seq.; 12 CFR
                 pt 1006)

13. ...

15. 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
         6-year statute of limitations under ORS 12.080, in
         violation of 15 USC § 1692e(5), 15 USC § 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 Plaintiff/Counter-Claimant;

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

    (d)  ...
```

## Common Reg F debt-defense patterns

| Pattern | Section |
|---------|---------|
| Suit on time-barred debt | § 1006.26(b) |
| Defective validation notice | § 1006.34 |
| Failure to cease collection on dispute | § 1006.38 |
| 7-in-7 call-frequency violations | § 1006.14(b) |
| Email/text without consent | § 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 USC § 1692k(d).

## 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

- `or-consumer-debt` SKILL — main bundle
- `references/fdcpa.md` — federal companion statute
- `references/utpa.md` — Oregon state-law parallel
- `or-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 enforcement page:
  https://www.consumerfinance.gov/policy-compliance/rulemaking/
  final-rules/