CFPB Adopts Strict Liability Standard for Debt Collectors Who Sue or Threaten Suit Over Time-Barred Debt

April 30, 2021
The Temple 10-Q

Types : Bylined Articles

On January 19, 2021, the Consumer Financial Protection Bureau (CFPB) published its final debt collection rules in the Federal Register, including 12 C.F.R. § 1006.26(b), which prohibits collections of time-barred debt.

Under the new rules, collectors who sue or threaten to sue consumers for time-barred or “zombie” debts ‒ debts for which the statute of limitations already expired ‒ violate the Fair Debt Collection Practices Act (FDCPA). The new rule, however, does not prohibit the filing of proofs of claim in a bankruptcy proceeding for otherwise time-barred claims. The final rule is scheduled to take effect on November 30, 2021, though on April 7, 2021, the CFPB proposed delaying the effective date until January 29, 2022.

[…]

To read the full article, click here.

RELATED PRACTICES

Business

Montgomery McCracken’s Business Department works proactively and collaboratively with our clients to advise on the full array of corporate and business issues, ranging from finance and regulatory matters to mergers […]

Learn more about our Business Department

Bankruptcy and Financial Restructuring

The attorneys in Montgomery McCracken’s Bankruptcy and Financial Restructuring Department assist clients in all aspects of restructuring, including bankruptcies, out-of-court restructurings, reorganizations, liquidations, workouts, debt refinancings, adversary proceedings, and contested […]

Learn more about our Bankruptcy and Financial Restructuring Department

1 of 2