# Regulation F — CFPB Debt Collection Rule

Regulation F, codified at **12 C.F.R. Part 1006**, is the CFPB's
implementing regulation for the FDCPA. The bulk of the rule took
effect **November 30, 2021**, with the validation-notice
provisions effective the same day.

Reg F clarifies and expands many FDCPA provisions and creates
new, specific compliance requirements that can form the basis of
FDCPA claims.

## Scope

Reg F applies to **"debt collectors"** as defined by the FDCPA —
generally, anyone collecting debts owed to another, plus debt
buyers collecting their own purchased defaulted debts.

Reg F does **not** apply to:

- Original creditors collecting on their own accounts
- Servicers collecting mortgage debts on accounts not in default
  at the time of servicing transfer

## Key provisions

### § 1006.6 — Communications with consumers

#### Communication frequency (the "7-in-7" rule)

A debt collector may not place **more than 7 telephone calls
within 7 consecutive days** to a consumer regarding a particular
debt, OR **call a consumer within 7 days after having had a
telephone conversation** in connection with the collection of
the debt.

**Violation** of the 7-in-7 rule creates a **rebuttable
presumption** of harassment under § 1692d(5) (FDCPA).

#### Medium choice

Consumers may specify that the debt collector communicate
through a particular medium (mail, email, text, phone). The
collector must honor the request.

Consumers may also **opt out** of specific media — e.g., "do not
text me" — and the collector must comply.

#### Email and text

Reg F expressly authorizes email and text communication, subject
to:

- Reasonable procedures to verify consumer contact information
- Opt-out mechanisms — every email and text must include a
  reasonable and simple method for the consumer to opt out
- Safe harbor for inadvertent third-party disclosure if reasonable
  procedures are followed

### § 1006.10 — Acquisition of location information

A debt collector may contact third parties **only** to obtain
location information, and:

- Must state their name
- Must state that they are confirming or correcting the
  consumer's location
- Must **not** state that the consumer owes a debt
- Must **not** communicate with the third party more than once
  unless the third party requests or the collector has reason to
  believe the earlier response was erroneous

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

Reg F expands on FDCPA § 1692d:

- **Limited-content messages** — a safe harbor for voicemails
  and similar messages limited to specific content
- Contact with third parties beyond limited circumstances is
  prohibited

### § 1006.18 — False or misleading representations

Expands FDCPA § 1692e with specific examples:

- Representing a debt-collection medium as a court document
- Using envelope language or imagery associated with courts,
  law enforcement, or government
- Representing that a time-barred debt will be reported to CRAs
  (time-barred debt credit reporting effectively prohibited)

### § 1006.22 — Unfair or unconscionable conduct

Expands FDCPA § 1692f:

- Requiring the consumer to accept a medium
- Adding prohibited fees
- Asserting rights beyond those held by the creditor

### § 1006.26 — Collection of time-barred debts

**Reg F prohibits** a debt collector from suing or threatening
to sue on a time-barred debt. This is a bright-line rule.

- The collector may still try to collect (voluntary payment),
  but may not use litigation threats
- A lawsuit on a time-barred debt is a **per se** violation of
  § 1006.26 (and FDCPA § 1692e / § 1692f)

This codifies the rule from the leading case — and removes any
ambiguity about what constitutes an implicit threat of suit.

### § 1006.30 — Other prohibited practices

- **Credit reporting before contact**: A debt collector may not
  furnish information to a CRA about a debt before first
  communicating with the consumer either (a) in writing
  (delivered) or (b) electronically (delivered) and waiting a
  reasonable period for delivery, OR (c) by making a phone call
- This is commonly called the "no-contact no-reporting" rule

### § 1006.34 — Validation notice (the headline change)

This is one of the most significant Reg F provisions. The
validation notice under FDCPA § 1692g must now include specific,
standardized content.

#### Required content

- Debt collector name and mailing address
- Name of the **creditor** to whom the debt is owed
- Account number associated with the debt (or truncated version)
- **"Itemization Date"** — one of: last statement date, charge-
  off date, last payment date, transaction date, or judgment
  date
- **Itemization of the debt**:
  - Amount of the debt on the itemization date
  - Interest accrued since itemization date
  - Fees assessed since itemization date
  - Payments made since itemization date
  - Credits applied since itemization date
  - **Current amount owed**
- Consumer rights notice — specific statutory language
- Dispute and validation process
- Provisions for a **Spanish-language translation** if requested

#### Model Form

The CFPB has published **Model Validation Notice B-1** (see 12
C.F.R. Part 1006, Appendix B). Using the model is a **safe
harbor**.

#### Why it matters for defense

In litigation, a debt buyer who cannot produce a Reg F-compliant
validation notice, or whose notice omits required elements, is
vulnerable to FDCPA claims under § 1692g.

### § 1006.38 — Disputes and requests for original-creditor
information

Within the validation period (30 days from receipt), the consumer
may:

- **Dispute the debt** — in writing, in whole or in part
- **Request the name and address of the original creditor**

On receipt of a timely written dispute, the collector must:

- **Cease collection** until validation is provided
- Validation = providing verification of the debt (not proof
  beyond a reasonable doubt; just sufficient documentation)

Consumer may also dispute **after** the validation period — the
collector is not required to cease collection but must still
respond substantively.

### § 1006.42 — Transfer of disputed debts

When a debt collector transfers a debt that is currently the
subject of a dispute, the transferring collector must identify
the dispute to the transferee.

A transferee who continues collection without regard to the
existing dispute is vulnerable to FDCPA claims.

## Practical implications for pro se debt-defense

### Discovery angles

Ask for:

- The Reg F validation notice sent to the consumer
- The date of the first communication
- The itemization used, with supporting data
- Internal procedures / policies for Reg F compliance
- Records of any prior dispute and the collector's response

### Counterclaim / FDCPA predicates

A single Reg F violation is generally an FDCPA violation. Look
for:

- Missing or non-compliant validation notice
- Collection or credit reporting before first communication
  (§ 1006.30)
- Suit on a time-barred debt (§ 1006.26)
- Contacts exceeding 7-in-7 (§ 1006.14)
- Continued collection after written dispute (§ 1006.38)
- Third-party contacts beyond location information (§ 1006.10)

### Evidence gathering

Save:

- Envelopes, emails, texts — metadata preserves dates and
  frequency
- Voicemails — frequency and content
- Written disputes and the date of mailing (certified return
  receipt)
- Credit reports showing timing of tradelines

## Interaction with Washington law

- Washington's **RCW 19.16** collection-agency requirements are
  independent and additional — a collector can comply with Reg F
  but still violate RCW 19.16
- Washington's **RCW 19.86** CPA may provide a state claim for
  conduct that also violates Reg F — useful for plaintiffs
  because CPA allows treble damages and attorney fees
- Time-barred suits in Washington are independently actionable
  as CPA violations under **Gray v. Suttell & Assocs.** and
  subsequent cases

## Federal enforcement

The CFPB has brought major enforcement actions against debt
collectors for Reg F violations. Consumers may:

- File complaints at **consumerfinance.gov/complaint**
- Sue individually under FDCPA
- Serve as class representatives where practices are pattern-
  based

## Key dates to cite

- Reg F finalized: **October 30, 2020**
- Effective date: **November 30, 2021**
- Published in Federal Register: 85 Fed. Reg. 76734 (Nov. 30,
  2020)

## Notes

- **Reg F does not preempt state law** — state laws more
  protective of consumers control (12 C.F.R. § 1006.102)
- **Pro se pleadings** citing Reg F should cite the specific
  section: "12 C.F.R. § 1006.26 (time-barred debt)", etc.
- **Safe harbor** — the CFPB model forms provide safe harbors
  for collectors; absence of model-form-compliant notices
  against a specific consumer can be a strong FDCPA predicate
- **Recent cases** applying Reg F continue to develop the rule
  — see `recent-decisions.md` for FDCPA and Reg F appellate
  decisions of interest