The Intersection of Bankruptcy and the FDCPA: the CFPB’s Notice of Proposed Rulemaking

On May 7, 2019, the Consumer Financial Protection Bureau (the “CFPB”) issued its Notice of Proposed Rulemaking related to the Fair Debt Collection Practices Act (the “FDCPA”). The CFPB has proposed several updates to the FDCPA, including: regulations regarding the use of emails and text messages; exemptions from the FDCPA for limited content messages; limitations on the number of telephone calls a debt collector can make per week; model notices and disclosures; and prohibitions related to time-barred debts and credit reporting. However, the proposed amendments do not address the confusion caused when a creditor subject to the FDCPA is required to communicate with a consumer that has filed a bankruptcy case. Please join us for a webinar discussing the intersection of the FDCPA and bankruptcy, including, without limitation:

• Tension among the FDCPA’s debt validation requirements and the bankruptcy process, including the automatic stay, discharge and claims process.
• Conflicts between the FDCPA’s Mini-Miranda disclosure requirements and the automatic stay and discharge order.
• Difficulties in the timely delivery of required financial information and disclosures to consumers in bankruptcy, given the FDCPA’s requirement, subject to limited exceptions, that communications be made through the consumer’s counsel.

Other Speakers

Jon Jay Lieberman (Sottile & Barile LLC)

Keith J. Larson (Seiller Waterman LLC)

Event Details

For more information on this event, visit the ABI event page.