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Author: Sergei Lemberg
What Are Debt Collection Opt-Out Notices?
Under Section 1006.6(e) of the federal Fair Debt Collection Practices Act (FDCPA) Regulation F, debt collectors are obligated to provide an opt-out notice for any electronic communications or attempts to reach out to consumers. Although electronic communications are permissible, once a debt collector has initiated contact through this means, consumers must be offered a valid method to opt out and cease these communications should they choose to do so.
To exercise their right to opt-out, consumers can simply send a request to the debt collector, asking them to stop, end, quit, or unsubscribe from any further communications. The Consumer Financial Protection Bureau (CFPB) clarifies that even if the consumer’s message does not precisely match the debt collector’s designated opt-out instructions, the request remains valid and must be respected.
While the CFPB’s Debt Collection Rule does not provide a specific time frame within which a debt collector must process opt-out requests, it’s essential to note that if a debt collector continues to communicate with a consumer after receiving such a request, they could potentially be in violation of the law.
In case a debt collector ignores the opt-out request and continues to communicate with the consumer, the consumer should consider seeking legal counsel and consulting with an attorney to address the matter appropriately. Legal action may be necessary to protect the consumer’s rights under the FDCPA and to stop any unlawful debt collection practices.
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
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