12 CFR Part 1006 — Debt Collection Practices (Regulation F)

PART 1006—DEBT COLLECTION PRACTICES (REGULATION F) Authority: 12 U.S.C. 5512, 5514(b), 5532; 15 U.S.C. 1692 l Source: 85 FR 76887, Nov. 30, 2020, unless otherwise noted. Subpart A—General § 1006.1 Authority, purpose, and coverage. (a) Authority. l et seq.; (b) Purpose. (c) Coverage. (2) Section 1006.34(c)(2)(iii) and (c)(3)(iv) applies to debt collectors only when they are collecting debt related to a consumer financial product or service as defined in § 1006.2(f). [85 FR 76887, Nov. 30, 2020, as amended at 86 FR 5853, Jan. 19, 2021] § 1006.2 Definitions. For purposes of this part, the following definitions apply: (a) Act FDCPA et seq. (b) Attempt to communicate (c) Bureau (d) Communicate communication (e) Consumer consumer (f) Consumer financial product or service (g) Creditor (h) Debt (i)(1) Debt collector (2) The term debt collector excludes: (i) Any officer or employee of a creditor while the officer or employee is collecting debts for the creditor in the creditor's name; (ii) Any person while acting as a debt collector for another person if: (A) The person acting as a debt collector does so only for persons with whom the person acting as a debt collector is related by common ownership or affiliated by corporate control; and (B) The principal business of the person acting as a debt collector is not the collection of debts; (iii) Any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of the officer's or employee's official duties; (iv) Any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt; (v) Any nonprofit organization that, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in liquidating their debts by receiving payment from such consumers and distributing such amounts to creditors; (vi) Any person collecting or attempting to collect any debt owed or due, or asserted to be owed or due to another, to the extent such debt collection activity: (A) Is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (B) Concerns a debt that such person originated; (C) Concerns a debt that was not in default at the time such person obtained it; or (D) Concerns a debt that such person obtained as a secured party in a commercial credit transaction involving the creditor; and (vii) A private entity, to the extent such private entity is operating a bad check enforcement program that complies with section 818 of the Act. (j) Limited-content message (1) Required content. (i) A business name for the debt collector that does not indicate that the debt collector is in the debt collection business; (ii) A request that the consumer reply to the message; (iii) The name or names of one or more natural persons whom the consumer can contact to reply to the debt collector; and (iv) A telephone number or numbers that the consumer can use to reply to the debt collector. (2) Optional content. (i) A salutation; (ii) The date and time of the message; (iii) Suggested dates and times for the consumer to reply to the message; and (iv) A statement that if the consumer replies, the consumer may speak to any of the company's representatives or associates. (k) Person (l) State [85 FR 76887, Nov. 30, 2020, as amended at 86 FR 5853, Jan. 19, 2021] Subpart B—Rules for FDCPA Debt Collectors § 1006.6 Communications in connection with debt collection. (a) Definition. consumer (1) The consumer's spouse; (2) The consumer's parent, if the consumer is a minor; (3) The consumer's legal guardian; (4) The executor or administrator of the consumer's estate, if the consumer is deceased; and (5) A confirmed successor in interest, as defined in Regulation X, 12 CFR 1024.31, or Regulation Z, 12 CFR 1026.2(a)(27)(ii). (b) Communications with a consumer Prohibitions regarding unusual or inconvenient times or places. (i) At any unusual time, or at a time that the debt collector knows or should know is inconvenient to the consumer. In the absence of the debt collector's knowledge of circumstances to the contrary, a time before 8:00 a.m. and after 9:00 p.m. local time at the consumer's location is inconvenient; or (ii) At any unusual place, or at a place that the debt collector knows or should know is inconvenient to the consumer. (2) Prohibitions regarding consumer represented by an attorney. (i) Fails to respond within a reasonable period of time to a communication from the debt collector; or (ii) Consents to the debt collector's direct communication with the consumer. (3) Prohibitions regarding consumer's place of employment. (4) Exceptions. (i) The prior consent of the consumer, given directly to the debt collector during a communication that does not violate paragraphs (b)(1) through (3) of this section; or (ii) The express permission of a court of competent jurisdiction. (c) Communications with a consumer—after refusal to pay or cease communication notice Prohibition. (2) Exceptions. (i) To advise the consumer that the debt collector's further efforts are being terminated; (ii) To notify the consumer that the debt collector or creditor may invoke specified remedies that the debt collector or creditor ordinarily invokes; or (iii) Where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. (d) Communications with third parties Prohibitions. (i) The consumer; (ii) The consumer's attorney; (iii) A consumer reporting agency, if otherwise permitted by law; (iv) The creditor; (v) The creditor's attorney; or (vi) The debt collector's attorney. (2) Exceptions. (i) For the purpose of acquiring location information, as provided in § 1006.10; (ii) With the prior consent of the consumer given directly to the debt collector; (iii) With the express permission of a court of competent jurisdiction; or (iv) As reasonably necessary to effectuate a postjudgment judicial remedy. (3) Reasonable procedures for email and text message communications. (i) The debt collector communicated with the consumer by sending an email to an email address described in paragraph (d)(4) of this section or a text message to a telephone number described in paragraph (d)(5) of this section; and (ii) The debt collector did not communicate with the consumer by sending an email to an email address or a text message to a telephone number that the debt collector knows has led to a disclosure prohibited by paragraph (d)(1) of this section. (4) Procedures for email addresses. (i) Procedures based on communication between the consumer and the debt collector. (B) The debt collector has received directly from the consumer prior consent to use the email address to communicate with the consumer about the debt and the consumer has not withdrawn that consent; or (ii) Procedures based on communication by the creditor. (B) The creditor used the email address to communicate with the consumer about the account and the consumer did not ask the creditor to stop using it; (C) Before the debt collector used the email address to communicate with the consumer about the debt, the creditor sent the consumer a written or electronic notice, to an address the creditor obtained from the consumer and used to communicate with the consumer about the account, that clearly and conspicuously disclosed: ( 1 ( 2 ( 3 ( 4 ( 5 (D) The opt-out period provided under paragraph (d)(4)(ii)(C)( 5 (E) The email address has a domain name that is available for use by the general public, unless the debt collector knows the address is provided by the consumer's employer. (iii) Procedures based on communication by the prior debt collector. (B) The immediately prior debt collector used the email address to communicate with the consumer about the debt; and (C) The consumer did not opt out of such communications. (5) Procedures for telephone numbers for text messages. (i) The consumer used the telephone number to communicate with the debt collector about the debt by text message, the consumer has not since opted out of text message communications to that telephone number, and within the past 60 days either: (A) The consumer sent the text message described in paragraph (d)(5)(i) of this section or a new text message to the debt collector from that telephone number; or (B) The debt collector confirmed, using a complete and accurate database, that the telephone number has not been reassigned from the consumer to another user since the date of the consumer's most recent text message to the debt collector from that telephone number; or (ii) The debt collector received directly from the consumer prior consent to use the telephone number to communicate with the consumer about the debt by text message, the consumer has not since withdrawn that consent, and within the past 60 days the debt collector either: (A) Obtained the prior consent described in paragraph (d)(5)(ii) of this section or renewed consent from the consumer; or (B) Confirmed, using a complete and accurate database, that the telephone number has not been reassigned from the consumer to another user since the date of the consumer's most recent consent to use that telephone number to communicate about the debt by text message. (e) Opt-out notice for electronic communications or attempts to communicate. § 1006.10 Acquisition of location information. (a) Definition. location information (1) Place of abode and telephone number at such place; or (2) Place of employment. (b) Form and content of location communications. (1) Identify himself or herself individually by name, state that he or she is confirming or correcting the consumer's location information, and, only if expressly requested, identify his or her employer; (2) Not state that the consumer owes any debt; (3) Not communicate by postcard; (4) Not use any language or symbol on any envelope or in the contents of any communication by mail indicating that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and (5) After the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond to the debt collector's communication within a reasonable period of time. (c) Frequency of location communications. § 1006.14 Harassing, oppressive, or abusive conduct. (a) In general. (b) Repeated or continuous telephone calls or telephone conversations In general. (2) Telephone call frequencies; presumptions of compliance and violation. (A) More than seven times within seven consecutive days; nor (B) Within a period of seven consecutive days after having had a telephone conversation with the person in connection with the collection of such debt. The date of the telephone conversation is the first day of the seven-consecutive-day period. (ii) Subject to the exclusions in paragraph (b)(3) of this section, a debt collector is presumed to violate paragraph (b)(1) of this section and FDCPA section 806(5) if the debt collector places a telephone call to a particular person in connection with the collection of a particular debt in excess of either of the telephone call frequencies described in paragraph (b)(2)(i) of this section. (3) Certain telephone calls excluded from the telephone call frequencies. (i) Placed with such person's prior consent given directly to the debt collector and within a period no longer than seven consecutive days after receiving the prior consent, with the date the debt collector receives prior consent counting as the first day of the seven-consecutive-day period; (ii) Not connected to the dialed number; or (iii) Placed to the persons described in § 1006.6(d)(1)(ii) through (vi). (4) Definition. (c) Violence or other criminal means. (d) Obscene or profane language. (e) Debtor's list. (f) Coercive advertisements. (g) Meaningful disclosure of identity. (h) Prohibited communication media In general. (2) Exceptions. (i) If a person opts out of receiving electronic communications from a debt collector, a debt collector may send an electronic confirmation of the person's request to opt out, provided that the electronic confirmation contains no information other than a statement confirming the person's request and that the debt collector will honor it; (ii) If a person initiates contact with a debt collector using a medium of communication that the person previously requested the debt collector not use, the debt collector may respond once through the same medium of communication used by the person; or (iii) If otherwise required by applicable law, a debt collector may communicate or attempt to communicate with a person in connection with the collection of any debt through a medium of communication that the person has requested the debt collector not use to communicate with the person. § 1006.18 False, deceptive, or misleading representations or means. (a) In general. (b) False, deceptive, or misleading representations. (i) The debt collector is vouched for, bonded by, or affiliated with the United States or any State, including through the use of any badge, uniform, or facsimile thereof. (ii) The debt collector operates or is employed by a consumer reporting agency, as defined by section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)). (iii) Any individual is an attorney or that any communication is from an attorney. (iv) The consumer committed any crime or other conduct in order to disgrace the consumer. (v) A sale, referral, or other transfer of any interest in a debt causes or will cause the consumer to: (A) Lose any claim or defense to payment of the debt; or (B) Become subject to any practice prohibited by this part. (vi) Accounts have been turned over to innocent purchasers for value. (vii) Documents are legal process. (viii) Documents are not legal process forms or do not require action by the consumer. (2) A debt collector must not falsely represent: (i) The character, amount, or legal status of any debt. (ii) Any services rendered, or compensation that may be lawfully received, by any debt collector for the collection of a debt. (3) A debt collector must not represent or imply that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. (c) False, deceptive, or misleading collection means. (1) Threaten to take any action that cannot legally be taken or that is not intended to be taken. (2) Communicate or threaten to communicate to any person credit information that the debt collector knows or should know is false, including the failure to communicate that a disputed debt is disputed. (3) Use or distribute any written communication that simulates or that the debt collector falsely represents to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or that creates a false impression about its source, authorization, or approval. (4) Use any business, company, or organization name other than the true name of the debt collector's business, company, or organization. (d) False representations or deceptive means. (e) Disclosures required Initial communications. (2) Subsequent communications. (3) Exception. (4) Translated disclosures. (f) Assumed names. § 1006.22 Unfair or unconscionable means. (a) In general. (b) Collection of unauthorized amounts. (c) Postdated payment instruments. (1) Accept from any person a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten, nor less than three, days (excluding legal public holidays identified in 5 U.S.C. 6103(a), Saturdays, and Sundays) prior to such deposit. (2) Solicit any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. (3) Deposit or threaten to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. (d) Charges resulting from concealment of purpose. (e) Nonjudicial action regarding property. (1) There is no present right to possession of the property claimed as collateral through an enforceable security interest; (2) There is no present intention to take possession of the property; or (3) The property is exempt by law from such dispossession or disablement. (f) Restrictions on use of certain media. (1) Communicate with a consumer regarding a debt by postcard. (2) Use any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by mail, except that a debt collector may use the debt collector's business name on an envelope if such name does not indicate that the debt collector is in the debt collection business. (3) Communicate or attempt to communicate with a consumer by sending an email to an email address that the debt collector knows is provided to the consumer by the consumer's employer, unless the email address is one described in § 1006.6(d)(4)(i) or (iii). (4) Communicate or attempt to communicate with a person in connection with the collection of a debt through a social media platform if the communication or attempt to communicate is viewable by the general public or the person's social media contacts. (g) Safe harbor for certain emails and text messages relating to the collection of a debt. § 1006.26 Collection of time-barred debts. (a) Definitions. (1) Statute of limitations (2) Time-barred debt (b) Legal actions and threats of legal actions prohibited. [86 FR 5854, Jan. 19, 2021] § 1006.30 Other prohibited practices. (a) Required actions prior to furnishing information In general. (i) Speaks to the consumer about the debt in person or by telephone; or (ii) Places a letter in the mail or sends an electronic message to the consumer about the debt and waits a reasonable period of time to receive a notice of undeliverability. During the reasonable period, the debt collector must permit receipt of, and monitor for, notifications of undeliverability from communications providers. If the debt collector receives such a notification during the reasonable period, the debt collector must not furnish information about the debt to a consumer reporting agency until the debt collector otherwise satisfies this paragraph (a)(1). (2) Special rule—information furnished to certain specialty consumer reporting agencies. (b) Prohibition on the sale, transfer for consideration, or placement for collection of certain debts In general. (2) Exceptions In general. (A) Transfers the debt to the debt's owner; (B) Transfers the debt to a previous owner of the debt, if the transfer is authorized under the terms of the original contract between the debt collector and the previous owner; or (C) Transfers the debt as a result of a merger, acquisition, purchase and assumption transaction, or a transfer of substantially all of the debt collector's assets. (ii) Secured claims in bankruptcy. (iii) Securitizations and pledges of debt. (c) Multiple debts. (1) Must not apply the payment to any debt that is disputed by the consumer; and (2) If applicable, must apply the payment in accordance with the consumer's directions. (d) Legal actions by debt collectors Action to enforce interest in real property. (2) Other legal actions. (i) Signed the contract sued upon; or (ii) Resides at the commencement of the action. (3) Authorization of actions. (e) Furnishing certain deceptive forms. [85 FR 76887, Nov. 30, 2020, as amended at 86 FR 5854, Jan. 19, 2021] § 1006.34 Notice for validation of debts. (a) Validation information required In general. (i) By sending the consumer a validation notice in the manner required by § 1006.42: (A) In the initial communication, as defined in paragraph (b)(2) of this section; or (B) Within five days of that initial communication; or (ii) By providing the validation information orally in the initial communication. (2) Exception. (b) Definitions. (1) Clear and conspicuous (2) Initial communication (i) The Internal Revenue Code of 1986 (26 U.S.C. 1 et seq. (ii) Title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 through 6827); or (iii) Any provision of Federal or State law or regulation mandating notice of a data security breach or privacy risk. (3) Itemization date (i) The last statement date, which is the date of the last periodic statement or written account statement or invoice provided to the consumer by a creditor; (ii) The charge-off date, which is the date the debt was charged off; (iii) The last payment date, which is the date the last payment was applied to the debt; (iv) The transaction date, which is the date of the transaction that gave rise to the debt; or (v) The judgment date, which is the date of a final court judgment that determines the amount of the debt owed by the consumer. (4) Validation notice (5) Validation period (c) Validation information. (1) Debt collector communication disclosure. (2) Information about the debt. (i) The debt collector's name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information. (ii) The consumer's name and mailing address. (iii) If the debt collector is collecting a debt related to a consumer financial product or service as defined in § 1006.2(f), the name of the creditor to whom the debt was owed on the itemization date. (iv) The account number, if any, associated with the debt on the itemization date, or a truncated version of that number. (v) The name of the creditor to whom the debt currently is owed. (vi) The itemization date. (vii) The amount of the debt on the itemization date. (viii) An itemization of the current amount of the debt reflecting interest, fees, payments, and credits since the itemization date. A debt collector may disclose the itemization on a separate page provided in the same communication with a validation notice, if the debt collector includes on the validation notice, where the itemization would have appeared, a statement referring to that separate page. (ix) The current amount of the debt. (3) Information about consumer protections. (ii) The date that the debt collector will consider the end date of the validation period and a statement that, if the consumer requests in writing on or before that date the name and address of the original creditor, the debt collector must cease collection of the debt until the debt collector sends the consumer the name and address of the original creditor, if different from the current creditor. (iii) The date that the debt collector will consider the end date of the validation period and a statement that, unless the consumer contacts the debt collector to dispute the validity of the debt, or any portion of the debt, on or before that date, the debt collector will assume that the debt is valid. (iv) If the debt collector is collecting debt related to a consumer financial product or service as defined in § 1006.2(f), a statement that informs the consumer that additional information regarding consumer protections in debt collection is available on the Bureau's website at www.cfpb.gov/debt-collection. (v) If the debt collector sends the validation notice electronically, a statement explaining how a consumer can, as described in paragraphs (c)(4)(i) and (ii) of this section, dispute the debt or request original-creditor information electronically. (4) Consumer-response information. (i) Dispute prompts. (A) “I want to dispute the debt because I think:”; (B) “This is not my debt.”; (C) “The amount is wrong.”; and (D) “Other (please describe on reverse or attach additional information).” (ii) Original-creditor information prompt. (iii) Mailing addresses. (5) Special rule for certain residential mortgage debt. (i) Provides the consumer, in the same communication with the validation notice, a copy of the most recent periodic statement provided to the consumer under Regulation Z, 12 CFR 1026.41(b); and (ii) Includes on the validation notice, where the validation information required by paragraphs (c)(2)(vi) through (viii) of this section would have appeared, a statement referring to that periodic statement. (d) Form of validation information In general. (2) Safe harbor In general. (A) Omits any or all of the optional disclosures shown on Model Form B-1; or (B) Adds any or all of the optional disclosures described in paragraph (d)(3) of this section that are not shown on Model Form B-1, provided that any such optional disclosures are no more prominent than any of the validation information required by paragraph (c) of this section. (ii) Certain disclosures on a separate page. (iii) Substantially similar form. (3) Optional disclosures. (i) Telephone contact information. (ii) Reference code. (iii) Payment disclosures. (A) The statement, “Contact us about your payment options.”, using that phrase or a substantially similar phrase; and (B) Below the consumer-response information required by paragraphs (c)(4)(i) and (ii) of this section, the statement, “I enclosed this amount:”, using that phrase or a substantially similar phrase, payment instructions after that statement, and a prompt. (iv) Disclosures under applicable law Disclosures on the reverse of the validation notice. (B) Disclosures on the front of the validation notice. (v) Information about electronic communications. (A) The debt collector's website and email address. (B) If the validation information is not provided electronically, a statement explaining how a consumer can, as described in paragraphs (c)(4)(i) and (ii) of this section, dispute the debt or request original-creditor information electronically. (vi) Spanish-language translation disclosures. (A) The statement, “Póngase en contacto con nosotros para solicitar una copia de este formulario en español” (which means “Contact us to request a copy of this form in Spanish”), using that phrase or a substantially similar phrase in Spanish. If providing this optional disclosure, a debt collector may include supplemental information in Spanish that specifies how a consumer may request a Spanish-language validation notice. (B) With the consumer-response information required by paragraph (c)(4) of this section, the statement “Quiero este formulario en español” (which means “I want this form in Spanish”), using that phrase or a substantially similar phrase in Spanish, next to a prompt. (vii) The merchant brand, affinity brand, or facility name, if any, associated with the debt. (viii) If a debt collector is collecting debt other than debt related to a consumer financial product or service as defined in § 1006.2(f), the information specified in paragraph (c)(2)(iii) or (c)(3)(iv) of this section. (4) Validation notices delivered electronically. (i) Prompts. (ii) Hyperlinks. (A) Connect a consumer to the debt collector's website; (B) Connect a consumer to the Bureau's debt collection website as disclosed pursuant to paragraph (c)(3)(iv) of this section; or (C) Permit a consumer to respond to the dispute and original-creditor information prompts required by paragraphs (c)(4)(i) and (ii) of this section. (e) Translation into other languages In general. (i) Sends the consumer an English-language validation notice in the same communication as the translated validation notice; or (ii) Previously provided the consumer an English-language validation notice, in which case the debt collector need not send the consumer an English-language validation notice in the same communication as the translated validation notice. (2) Spanish-language validation notice—requirement to provide after optional disclosure. [86 FR 5854, Jan. 19, 2021] § 1006.38 Disputes and requests for original-creditor information. (a) Definitions. (1) Duplicative dispute (i) Is substantially the same as a dispute previously submitted by the consumer in writing within the validation period for which the debt collector already has satisfied the requirements of paragraph (d)(2)(i) of this section; and (ii) Does not include new and material information to support the dispute. (2) Validation period (b) Overshadowing of rights to dispute or request original-creditor information Prohibition. (2) Safe harbor. (c) Requests for original-creditor information. (1) In general. (2) Special rule if the current creditor and the original creditor are the same. (d) Disputes Failure to dispute. (2) Response to disputes. (i) Sends a copy either of verification of the debt or of a judgment to the consumer in writing or electronically in the manner required by § 1006.42; or (ii) In the case of a dispute that the debt collector reasonably determines is a duplicative dispute, either: (A) Notifies the consumer in writing or electronically in the manner required by § 1006.42(a)(1) that the dispute is duplicative, provides a brief statement of the reasons for the determination, and refers the consumer to the debt collector's response to the earlier dispute; or (B) Satisfies paragraph (d)(2)(i) of this section. [85 FR 76887, Nov. 30, 2020, as amended at 86 FR 5856, Jan. 19, 2021] § 1006.42 Sending required disclosures. (a) Sending required disclosures In general. (2) Exceptions. (b) Requirements for certain disclosures sent electronically. [85 FR 76887, Nov. 30, 2020, as amended at 86 FR 5856, Jan. 19, 2021] Subpart C [Reserved] Subpart D—Miscellaneous § 1006.100 Record retention. (a) In general. (b) Special rule for telephone call recordings. § 1006.104 Relation to State laws. Neither the Act nor the corresponding provisions of this part annul, alter, affect, or exempt any person subject to the provisions of the Act or the corresponding provisions of this part from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of the Act or the corresponding provisions of this part, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with the Act or the corresponding provisions of this part if the protection such law affords any consumer is greater than the protection provided by the Act or the corresponding provisions of this part. § 1006.108 Exemption for State regulation. (a) Exemption for State regulation. (b) Procedures and criteria. Appendix A to Part 1006—Procedures for State Application for Exemption From the Provisions of the Act I. Purpose and Definitions (a) This appendix establishes procedures and criteria whereby States may apply to the Bureau for exemption of a class of debt collection practices within the applying State from the provisions of the Act and the corresponding provisions of this part as provided in section 817 of the Act (15 U.S.C. 1692o). (b) For purposes of this appendix: (1) Applicant State law (2) Class of debt collection practices (3) Relevant Federal law (4) State law II. Application Any State may apply to the Bureau pursuant to the terms of this appendix for a determination that the applicant State law contains requirements that, for a class of debt collection practices within that State, are substantially similar to the requirements that relevant Federal law imposes on that class of debt collection practices, and that the applicant State law contains adequate provision for State enforcement. The application must be in writing, addressed to the Assistant Director, Office of Regulations, Division of Research, Monitoring, and Regulations, Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC 20552, signed by the Governor, Attorney General, or State official having primary enforcement responsibility under the State law that applies to the class of debt collection practices, and must be supported by the documents specified in this appendix. III. Supporting Documents The application must be accompanied by the following, which may be submitted in paper or electronic form: (a) A copy of the applicant State law. (b) A comparison of each provision of relevant Federal law with the corresponding provisions of the applicant State law, together with reasons supporting the claim that the corresponding provisions of the applicant State law are substantially similar to the provisions of relevant Federal law, and an explanation as to why any differences between the State statute or regulation and Federal law are not inconsistent with the provisions of relevant Federal law and do not result in a diminution in the protection otherwise afforded consumers; and a statement that no other State laws (including administrative or judicial interpretations) are related to, or would have an effect upon, the State law that is being considered by the Bureau in making its determination. (c) A comparison of the provisions of the State law that provide for enforcement with the provisions of section 814 of the Act (15 U.S.C. 1692 l (d) A statement identifying the office designated or to be designated to enforce the applicant State law. The statement must show how the office provides for adequate enforcement of the applicant State law, including by showing that the office has necessary facilities, personnel, and funding. The statement must include, for example, complete information regarding the fiscal arrangements for administrative enforcement (including the amount of funds available or to be provided), the number and qualifications of personnel engaged or to be engaged in enforcement, and a description of the procedures under which the applicant State law is to be enforced by the State. IV. Criteria for Determination The Bureau will consider the criteria set forth below, and any other relevant information, in determining whether the applicant State law is substantially similar to relevant Federal law and whether there is adequate provision for enforcement of the applicant State law. In making that determination, the Bureau primarily will consider each provision of the applicant State law in comparison with each corresponding provision in relevant Federal law, and not the State law as a whole in comparison with the Act as a whole. (a)(1) In order for the applicant State law to be substantially similar to relevant Federal law, the applicant State law at least must provide that: (i) Definitions and rules of construction, as applicable, import a meaning and have an application that are substantially similar to those prescribed by relevant Federal law. (ii) Debt collectors provide all of the applicable notices required by relevant Federal law, with the content and in the terminology, form, and time periods prescribed pursuant to relevant Federal law. The Bureau may determine whether additional notice requirements under the applicant State law affect a determination that the applicant State law is substantially similar to relevant Federal law. (iii) Debt collectors take all affirmative actions and abide by obligations substantially similar to those prescribed by relevant Federal law under substantially similar conditions and within substantially similar time periods as are prescribed under relevant Federal law; (iv) Debt collectors abide by prohibitions that are substantially similar to those prescribed by relevant Federal law; (v) Consumers' obligations or responsibilities are no more costly, lengthy, or burdensome than consumers' corresponding obligations or responsibilities under relevant Federal law; and (vi) Consumers' rights and protections are substantially similar to those provided by relevant Federal law under conditions or within time periods that are substantially similar to those prescribed by relevant Federal law. (2) In applying the criteria set forth in paragraph IV(a)(1) of this appendix, the Bureau will not consider adversely any additional requirements of State law that are not inconsistent with the purpose of the Act or the requirements imposed under relevant Federal law. (b) In determining whether provisions for enforcement of the applicant State law are adequate, consideration will be given to the extent to which, under the applicant State law, provision is made for administrative enforcement, including necessary facilities, personnel, and funding. V. Public Comment In connection with any application that has been filed in accordance with the requirements of parts II and III of this appendix and following initial review of the application, a proposed rule concerning the application for exemption will be published by the Bureau in the Federal Register, VI. Exemption From Requirements If the Bureau determines on the basis of the information before it that, under the applicant State law, a class of debt collection practices is subject to requirements substantially similar to those imposed under relevant Federal law and that there is adequate provision for State enforcement, the Bureau will exempt the class of debt collection practices in that State from the requirements of relevant Federal law and section 814 of the Act in the following manner and subject to the following conditions: (a) A final rule granting the exemption will be published in the Federal Register, Federal Register (b) Any State that receives an exemption must, through its appropriate official, take the following steps: (i) Inform the Assistant Director, Office of Regulations, Division of Research, Monitoring, and Regulations, Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC 20552 in writing within 30 days of any change in the applicant State law. The report of any such change must contain copies of the full text of that change, together with statements setting forth the information and opinions regarding that change that are specified in paragraph III. (ii) Provide, not later than two years after the date the exemption is granted, and every two years thereafter, a report to the Bureau in writing concerning the manner in which the State has enforced the applicant State law in the preceding two years and an update of the information required under paragraph III(d) of this appendix. (c) The Bureau will inform any State that receives such an exemption, through its appropriate official, of any subsequent amendments of the Act or this part that might necessitate the amendment of State law for the exemption to continue. (d) After an exemption is granted, the requirements of the applicable State law constitute the requirements of relevant Federal law, except to the extent such State law imposes requirements not imposed by the Act or this part. VII. Adverse Determination (a) If, after publication of a proposed rule in the Federal Register (b) If, after having afforded the State authority such opportunity to demonstrate the basis for granting an exemption, the Bureau finds on the basis of the information before it that it still cannot make a favorable determination in connection with the application, the Bureau will publish in the Federal Register VIII. Revocation of Exemption (a) The Bureau reserves the right to revoke any exemption granted under the provisions of the Act or this part, if at any time it determines that the State law does not, in fact, impose requirements that are substantially similar to relevant Federal law or that there is not, in fact, adequate provision for State enforcement. (b) Before revoking any such exemption, the Bureau will notify the State of the facts or conduct that, in the Bureau's opinion, warrant such revocation, and will afford that State such opportunity as the Bureau deems appropriate in the circumstances to demonstrate continued eligibility for an exemption. (c) If, after having been afforded the opportunity to demonstrate or achieve compliance, the Bureau determines that the State has not done so, a proposed rule to revoke such exemption will be published in the Federal Register. (d) If such exemption is revoked, a final rule revoking the exemption will be published by the Bureau in the Federal Register, Federal Register [85 FR 76887, Nov. 30, 2020, as amended at 88 FR 16538, Mar. 20, 2023] Appendix B to Part 1006—Model Forms B-1 Model Form for Validation Notice [86 FR 5856, Jan. 19, 2021] Appendix C to Part 1006—Issuance of Advisory Opinions 1. Advisory opinions. 2. Requests for issuance of advisory opinions. Federal Register consumerfinance.gov. 3. Bureau-issued advisory opinions. a. Safe Harbors from Liability under the Fair Debt Collection Practices Act for Certain Actions Taken in Compliance with Mortgage Servicing Rules under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z), Supplement I to Part 1006—Official Interpretations Introduction 1. Official status. et seq. 2. Procedure for requesting interpretations. Federal Register 3. Comment designations. Subpart A—General Section 1006.2—Definitions 2(b) Attempt To Communicate 1. Examples. i. Assume that a debt collector places a telephone call to a person about a debt. Regardless of whether the debt collector reaches the person, the debt collector has attempted to communicate with the person. ii. Assume that a debt collector places a telephone call to a person about a debt and leaves a voicemail message. Regardless of whether the voicemail message consists solely of a limited-content message or includes content that conveys, directly or indirectly, information about a debt, the debt collector has attempted to communicate with the person. 2(d) Communicate or Communication 1. Any medium. 2. Information regarding a debt. 2(h) Debt 1. Consumer. 2(i) Debt Collector 1. In general. 2(j) Limited-Content Message 1. In general. 2. Message for a consumer. 3. Meaningful disclosure of identity. 2(j)(1) Required Content 1. Example. 2(j)(2) Optional Content 1. In general. 2. Example. Subpart B—Rules for FDCPA Debt Collectors Section 1006.6—Communications in Connection With Debt Collection 6(a) Consumer Paragraph 6(a)(1) 1. Spouse. Paragraph 6(a)(2) 1. Parent. Paragraph 6(a)(4) 1. Personal representative. 6(b) Communications With a Consumer 6(b)(1) Prohibitions Regarding Unusual or Inconvenient Times or Places 1. Designation of inconvenience. i. Assume that a creditor places a debt for collection with a debt collector. To facilitate collection of the debt, the creditor provides the debt collector a file that includes recent notes stating that the consumer cannot be disturbed on Tuesdays and Thursdays through the end of the calendar year. Based on these facts, the debt collector knows or should know that Tuesdays and Thursdays through the end of the calendar year are inconvenient to the consumer. Unless the consumer informs the debt collector that those times are no longer inconvenient, § 1006.6(b)(1)(i) prohibits the debt collector from communicating or attempting to communicate with the consumer on those days through the end of the calendar year. ii. Assume that a debt collector calls a consumer. The consumer answers the call but states “I am busy” or “I cannot talk now.” The debt collector asks the consumer when would be a convenient time. The consumer responds, “on weekdays, except from 3:00 p.m. to 5:00 p.m.” The debt collector asks the consumer whether there would be a convenient time on weekends. The consumer responds “no.” Based on these facts, the debt collector knows or should know that the time period between 3:00 p.m. and 5:00 p.m. on weekdays, and all times on weekends, are inconvenient to the consumer. Thereafter, unless the consumer informs the debt collector that those times are no longer inconvenient, § 1006.6(b)(1)(i) prohibits the debt collector from communicating or attempting to communicate with the consumer at those times. iii. Assume that a consumer tells a debt collector not to communicate with the consumer at a particular place, such as the consumer's home. The debt collector asks whether the consumer intends to prohibit the debt collector from communicating with the consumer through all media associated with the consumer's home, including, for example, mail. Absent such additional information, the debt collector knows or should know that communications to the consumer at home, including mail to the consumer's home address and calls to the consumer's home landline telephone number, are inconvenient. Thereafter, unless the consumer informs the debt collector that the place is no longer inconvenient, § 1006.6(b)(1)(ii) prohibits the debt collector from communicating or attempting to communicate with the consumer at the consumer's home. See comment 6(b)(1)(ii)-1 for additional guidance regarding communications or attempts to communicate at an inconvenient place. 2. Consumer-initiated communication. i. Assume the same facts as in comment 6(b)(1)-1.ii, except that, after the consumer tells the debt collector that weekdays from 3:00 p.m. to 5:00 p.m. and weekends are inconvenient, the consumer sends an email message to the debt collector at 3:30 p.m. on Wednesday. Based on these facts, § 1006.6(b)(1)(i) does not prohibit the debt collector from responding once by email message before 5:00 p.m. on that day. Unless the consumer informs the debt collector that those times are no longer inconvenient, § 1006.6(b)(1)(i) prohibits the debt collector from future communications or attempts to communicate with the consumer on weekdays between 3:00 p.m. and 5:00 p.m. and on weekends. Additionally, if the consumer responds to the debt collector's email message, the debt collector may continue to respond once to each consumer-initiated email message before 5:00 p.m. on that day. ii. Assume the same facts as in comment 6(b)(1)-1.iii, except that, after the consumer tells the debt collector not to communicate with the consumer at home, the consumer calls the debt collector from the consumer's home landline telephone number. Based on these facts, § 1006.6(b)(1)(ii) does not prohibit the debt collector from responding once by communicating with the consumer on that telephone call. Unless the consumer informs the debt collector that the place is no longer inconvenient, § 1006.6(b)(1)(ii) prohibits the debt collector from future communications or attempts to communicate with the consumer at home. iii. Assume that a consumer tells a debt collector that all communications to the consumer on Friday every week are inconvenient to the consumer. On a Friday, the consumer visits the debt collector's website and uses the debt collector's mobile application. Based on these facts, while the consumer navigates the website or uses the mobile application, § 1006.6(b)(1)(i) does not prohibit the debt collector from conveying information to the consumer about the debt through the website or mobile application. Once the consumer stops navigating the website or using the mobile application, however, § 1006.6(b)(1)(i) prohibits the debt collector from further communications or attempts to communicate on that day. And unless the consumer informs the debt collector that those times are no longer inconvenient, § 1006.6(b)(1)(i) prohibits the debt collector from future communications or attempts to communicate with the consumer on Fridays. iv. Assume the same facts as in comment 6(b)(1)-2.iii, except that after the consumer visits the debt collector's website and uses the debt collector's mobile application, the consumer sends an email message to the debt collector at 8:30 p.m. on Friday. Based on these facts, § 1006.6(b)(1)(i) does not prohibit the debt collector from responding once, such as by sending an automated email message reply generated in response to the consumer's email message. Unless the consumer informs the debt collector that those times are no longer inconvenient, § 1006.6(b)(1)(i) prohibits the debt collector from future communications or attempts to communicate with the consumer on Fridays. Paragraph 6(b)(1)(i) 1. Time of electronic communication. 2. Consumer's location. i. Assume that a debt collector's information indicates that a consumer has a mobile telephone number with an area code associated with the Eastern time zone and a residential address in the Pacific time zone. The convenient times to communicate with the consumer are after 11:00 a.m. Eastern time (8:00 a.m. Pacific time) and before 9:00 p.m. Eastern time (6:00 p.m. Pacific time). ii. Assume that a debt collector's information indicates that a consumer has a mobile telephone number with an area code associated with the Eastern time zone and a landline telephone number with an area code associated with the Mountain time zone. The convenient times to communicate with the consumer are after 10:00 a.m. Eastern time (8:00 a.m. Mountain time) and before 9:00 p.m. Eastern time (7:00 p.m. Mountain time). Paragraph 6(b)(1)(ii) 1. Communications or attempts to communicate at unusual or inconvenient places. i. Assume the same facts as in comment 6(b)(1)-1.iii. Unless the debt collector knows that the consumer is at home, a telephone call to the consumer's mobile telephone number or an electronic communication, including, for example, an email message or a text message to the consumer's mobile telephone, does not violate § 1006.6(b)(1)(ii) even if the consumer receives or views the communication while at home. 6(b)(2) Prohibitions Regarding Consumer Represented by an Attorney 1. Consumer-initiated communications. 6(b)(3) Prohibitions Regarding Consumer's Place of Employment 1. Communications at consumer's place of employment. 2. Employer-provided email. 6(b)(4) Exceptions Paragraph 6(b)(4)(i) 1. Prior consent—in general. 2. Directly to the debt collector. 6(c) Communications With a Consumer—After Refusal To Pay or Cease Communication Notice 6(c)(1) Prohibitions 1. Notification complete upon receipt. i. Assume that on August 3, a consumer places in the mail a written notification to a debt collector that the consumer either refuses to pay a debt or wants the debt collector to cease further communication with the consumer pursuant to § 1006.6(c)(1). On August 4, the debt collector sends the consumer an email message. The debt collector receives the consumer's written notification on August 6. Because the consumer's notification is complete upon the debt collector's receipt of that information on August 6, the debt collector's email message communication on August 4 does not violate § 1006.6(c)(1). 2. Interpretation of the E-SIGN Act. 6(c)(2) Exceptions 1. Written early intervention notice for mortgage servicers. 2. Other mortgage servicing rule provisions. 6(d) Communications With Third Parties 6(d)(2) Exceptions 1. Prior consent. 6(d)(3) Reasonable Procedures for Email and Text Message Communications Paragraph 6(d)(3)(ii) 1. Knowledge of prohibited disclosure. 6(d)(4) Procedures for Email Addresses 6(d)(4)(i) Procedures Based on Communication Between the Consumer and the Debt Collector Paragraph 6(d)(4)(i)(B) 1. Prior consent—in general. 2. Prior consent—consumer-provided email address. 6(d)(4)(ii) Procedures Based on Communication by the Creditor Paragraph 6(d)(4)(ii)(B) 1. Communications about the account. Paragraph 6(d)(4)(ii)(C) 1. Clear and conspicuous. 2. Sample language. i. When a creditor sends the notice in writing, the creditor may use, but is not required to use, the following language to satisfy § 1006.6(d)(4)(ii)(C): “We are transferring your account to ABC debt collector, and we are providing ABC debt collector with the following email address for you: [email address]. ABC debt collector may use this email address to communicate with you about the debt. If others have access to this email address, then it is possible they may see the emails. If you would like to opt out of communications by ABC debt collector to [email address], please fill out the enclosed form and return it in the enclosed envelope so that we receive it by [date].” ii. When a creditor sends the notice electronically, the creditor may use, but is not required to use, the following language to satisfy § 1006.6(d)(4)(ii)(C): “We are transferring your account to ABC debt collector, and we are providing ABC debt collector with the following email address for you: [email address]. ABC debt collector may use this email address to communicate with you about the debt. If others have access to this email address, then it is possible they may see the emails. If you would like to opt out of communications by ABC debt collector to [email address], please click here by [date].” 3. Combined notice. Paragraph 6(d)(4)(ii)(C)(1) 1. Identification of the debt collector. 1 Paragraph 6(d)(4)(ii)(C)(4) 1. Reasonable and simple method to opt out. 4 i. When the creditor sends the notice in writing, reasonable and simple methods for opting out include providing a reply form and a pre-addressed envelope together with the opt-out notice. Requiring a consumer to call or write to obtain a form for opting out, rather than including the form with the opt-out notice, does not meet the requirement to provide a reasonable and simple method for opting out. ii. When the creditor sends the notice electronically, reasonable and simple methods for opting out include providing an electronic means to opt out, such as a hyperlink, or allowing the consumer to opt out by replying to the communication with the word “stop.” Requiring a consumer who receives the opt-out notice electronically to opt out by postal mail, telephone, or visiting a website without providing a link does not meet the requirement to provide a reasonable and simple method for opting out. Paragraph 6(d)(4)(ii)(C)(5) 1. Recipient of opt-out request. 5 Paragraph 6(d)(4)(ii)(D) 1. Effect of opt-out request after expiration of opt-out period. 2. Scope of opt-out request. Paragraph 6(d)(4)(ii)(E) 1. Domain name available for use by the general public. e.g., [email protected] e.g., [email protected], [email protected], [email protected] 2. Knowledge of employer-provided email address. 6(d)(4)(iii) Procedures Based on Communication by the Prior Debt Collector 1. Immediately prior debt collector. 2. Examples. i. After obtaining a consumer's email address in accordance with the procedures in § 1006.6(d)(4)(i) or (ii), ABC debt collector communicates with the consumer about the debt using that email address and the consumer does not opt out. ABC debt collector returns the debt to the creditor, who places it with XYZ debt collector. XYZ debt collector communicates with the consumer about the debt using the email address obtained by ABC debt collector. Assuming that the requirements of § 1006.6(d)(3)(ii) are satisfied, XYZ debt collector may have a bona fide error defense to civil liability for any unintentional third-party disclosure that occurs during that communication because a prior debt collector ( i.e., i.e., ii. After obtaining a consumer's email address in accordance with the procedures in § 1006.6(d)(4)(i) or (ii), ABC debt collector communicates with the consumer about the debt using that email address and the consumer does not opt out. ABC debt collector returns the debt to the creditor, who places it with EFG debt collector. EFG debt collector communicates with the consumer about the debt using the email address obtained by ABC debt collector, and the consumer does not opt out. EFG debt collector returns the debt to the creditor, who places it with XYZ debt collector. XYZ debt collector communicates with the consumer about the debt using the email address obtained by ABC debt collector and used by EFG debt collector. Assuming that the requirements of § 1006.6(d)(3)(ii) are satisfied, XYZ debt collector may have a bona fide error defense to civil liability for any unintentional third-party disclosure that occurs during that communication because a prior debt collector ( i.e., i.e., iii. After obtaining a consumer's email address in accordance with the procedures in § 1006.6(d)(4)(i) or (ii), ABC debt collector communicates with the consumer about the debt using that email address and the consumer does not opt out. ABC debt collector returns the debt to the creditor, who places it with EFG debt collector, who chooses not to communicate with the consumer by email. EFG debt collector returns the debt to the creditor, who places it with XYZ debt collector. XYZ debt collector communicates with the consumer about the debt using the email address obtained by ABC debt collector. Section 1006.6(d)(4)(iii) does not provide XYZ debt collector with a bona fide error defense to civil liability for any unintentional third-party disclosure that occurs during that communication because the immediately prior debt collector ( i.e., 6(d)(5) Procedures for Telephone Numbers for Text Messages 1. Complete and accurate database. In re Advanced Methods to Target & Eliminate Unlawful Robocalls Paragraph 6(d)(5)(i) 1. Response to telephone call by consumer. Paragraph 6(d)(5)(ii) 1. Prior consent. 6(e) Opt-Out Notice for Electronic Communications or Attempts To Communicate 1. In general. 4 i. Assume that a debt collector sends a text message to a consumer's mobile telephone number. The text message includes the following instruction: “Reply STOP to stop texts to this telephone number.” Assuming that it is readily noticeable and legible to consumers, this instruction constitutes a clear and conspicuous statement describing a reasonable and simple method to opt out of receiving further text messages from the debt collector to that telephone number consistent with § 1006.6(e). No minimum type size is mandated. ii. Assume that a debt collector sends the consumer an email that includes a hyperlink labeled: “Click here to opt out of further emails to this email address.” Assuming that it is readily noticeable and legible to consumers, this instruction constitutes a clear and conspicuous statement describing a reasonable and simple method to opt out of receiving further emails from the debt collector to that email address consistent with § 1006.6(e). No minimum type size is mandated. iii. Assume that a debt collector sends the consumer an email that includes instructions in a textual format explaining that the consumer may opt out of receiving further email communications from the debt collector to that email address by replying with the word “stop” in the subject line. Assuming that it is readily noticeable and legible to consumers, this instruction constitutes a clear and conspicuous statement describing a reasonable and simple method to opt out of receiving further emails from the debt collector to that email address consistent with § 1006.6(e). No minimum type size is mandated. Section 1006.10—Acquisition of Location Information 10(a) Definition 1. Location information about deceased consumers. 10(b) Form and Content of Location Communications Paragraph 10(b)(2) 1. Executors, administrators, or personal representatives of a deceased consumer's estate. Section 1006.14—Harassing, Oppressive, or Abusive Conduct 14(a) In General 1. General prohibition. i. Assume that, in connection with the collection of a debt, a debt collector sends a consumer numerous, unsolicited text messages per day for several consecutive days. The consumer does not respond. Assume further that the debt collector does not communicate or attempt to communicate with the consumer using any other communication medium and that, by sending the text messages, the debt collector has not violated § 1006.14(b) through (h). Even though the debt collector's conduct does not violate any specific prohibition under § 1006.14(b) through (h), it is likely that the natural consequence of the debt collector's text messages is to harass, oppress, or abuse the person receiving the text messages; when such natural consequence occurs, the debt collector has violated § 1006.14(a) and FDCPA section 806. 2. Cumulative effect of conduct. i. Assume that a debt collector places seven unanswered telephone calls within seven consecutive days to a consumer in connection with the collection of a debt. During this same period, the debt collector also sends multiple additional unsolicited emails about the debt to the consumer. The consumer does not respond. The frequency of the debt collector's telephone calls during the seven-day period does not exceed the telephone call frequencies described in § 1006.14(b)(2)(i), so the debt collector is presumed to comply with § 1006.14(b)(1). Assume further that no evidence is offered to rebut the presumption of compliance, such that the debt collector complies with § 1006.14(b)(1). Also assume that, for purposes of this illustrative example only, the frequency of the debt collector's emails alone does not violate § 1006.14(a). It nevertheless is likely that the cumulative effect of the debt collector's telephone calls and emails is harassment; when such natural consequence occurs, the debt collector has violated § 1006.14(a) and FDCPA section 806. 14(b) Repeated or Continuous Telephone Calls or Telephone Conversations 1. Placing telephone calls repeatedly or continuously. e.g., 14(b)(1) In General 1. Effect of compliance. 2. Example. 14(b)(2) Telephone Call Frequencies; Presumptions of Compliance and Violation Paragraph 14(b)(2)(i) 1. Presumption of compliance; examples. i. On Wednesday, April 1, a debt collector first attempts to communicate with a consumer in connection with the collection of a credit card debt by placing a telephone call and leaving a limited-content message. Between Thursday, April 2, and Tuesday, April 7, the debt collector places six more telephone calls to the consumer about the debt, all of which go unanswered. As of Tuesday, April 7, the debt collector has placed seven telephone calls to the consumer in connection with the collection of the credit card debt within the period of seven consecutive days that started on Wednesday, April 1. Assume the debt collector does not place any additional telephone calls about the debt until Wednesday, April 8. Under § 1006.14(b)(2)(i), the debt collector is presumed to comply with § 1006.14(b)(1) and FDCPA section 806(5). ii. On Thursday, August 13, a consumer places a telephone call to, and initiates a telephone conversation with, a debt collector regarding a particular debt. Assume that the debt collector does not place a telephone call to the consumer in connection with the collection of that debt again prior to Thursday, August 20. The debt collector is presumed to comply with § 1006.14(b)(1) and FDCPA section 806(5). iii. On Tuesday, October 6, a debt collector first attempts to communicate with a particular third party for the purpose of acquiring location information about a consumer by placing a telephone call to that third party. The call is unanswered. The debt collector places up to six more unanswered telephone calls to that third party for the purpose of acquiring location information about the consumer through Monday, October 12. The debt collector is presumed to comply with § 1006.14(b)(1) and FDCPA section 806(5). See § 1006.10(c) for further guidance concerning when a debt collector is prohibited from communicating with a person other than the consumer for the purpose of acquiring location information. 2. Factors to rebut the presumption of compliance. i. The frequency and pattern of telephone calls the debt collector places to a person, including the intervals between them. The considerations relevant to this factor include whether the debt collector placed telephone calls to a person in rapid succession ( e.g., e.g., ii. The frequency and pattern of any voicemails that the debt collector leaves for a person, including the intervals between them. The considerations relevant to this factor include whether the debt collector left voicemails for a person in rapid succession ( e.g., e.g., iii. The content of a person's prior communications with the debt collector. Among the considerations relevant to this factor are whether the person previously informed the debt collector, for example, that the person did not wish to be contacted again about the particular debt, that the person was refusing to pay the particular debt, or that the person did not owe the particular debt. This factor also includes a consumer's cease communication notification described in § 1006.6(c) and a consumer's request under § 1006.14(h) that the debt collector not use telephone calls to communicate or attempt to communicate with the consumer. The amount of time elapsed since any such prior communications also may be relevant to this factor. iv. The debt collector's conduct in prior communications or attempts to communicate with the person. Among the considerations relevant to this factor are whether, during a prior communication or attempt to communicate with a person, the debt collector, for example, used obscene, profane, or otherwise abusive language ( see see see 3. Misdirected telephone calls. i. Assume that a debt collector first attempts to communicate with a consumer on Monday, and again on Wednesday, by placing one unanswered telephone call to a particular telephone number on each of those days. On Thursday, the debt collector learns that the telephone number belongs to someone else and that the consumer does not answer telephone calls to that number. For purposes of § 1006.14(b)(2)(i), the debt collector has not yet placed any telephone calls to that consumer during that seven-consecutive-day period. Paragraph 14(b)(2)(ii) 1. Presumption of a violation; examples. i. On Wednesday, April 1, a debt collector first attempts to communicate with a consumer in connection with the collection of a mortgage debt by placing a telephone call and leaving a limited-content message. On each of the next three business days ( i.e., ii. On Tuesday, August 11, a debt collector first attempts to communicate with a consumer in connection with the collection of a credit card debt by placing a telephone call to the consumer that the consumer does not answer. On Friday, August 14, the debt collector again places a telephone call to the consumer and has a telephone conversation with the consumer in connection with the collection of the debt. Subject to the exclusions in § 1006.14(b)(3), the debt collector is presumed to violate § 1006.14(b)(1) and FDCPA section 806(5) if the debt collector places a telephone call to the consumer in connection with the collection of that debt again prior to Friday, August 21. 2. Factors to rebut the presumption of a violation. i. Whether a debt collector placed a telephone call to comply with, or as required by, applicable law. For example, assume the same facts as in comment 14(b)(2)(ii)-1.i, except assume that the debt collector placed the final telephone call of the seven-consecutive-day period to inform the consumer of available loss mitigation options in compliance with the Bureau's mortgage servicing rules under Regulation X, 12 CFR 1024.39(a). The debt collector's compliance with applicable law is a factor that may rebut the presumption of a violation. ii. Whether a debt collector placed a telephone call that was directly related to active litigation involving the collection of a particular debt. For example, assume the same facts as in comment 14(b)(2)(ii)-1.ii, except assume that, after the debt collector and the consumer had a telephone conversation about the credit card debt on Friday, August 14, the debt collector placed another telephone call to the consumer before Friday, August 21, to complete a court-ordered communication with the consumer about the debt, or as part of negotiations to settle active debt collection litigation regarding the debt. The direct relationship between the additional telephone call and the active debt collection litigation is a factor that may rebut the presumption of a violation. iii. Whether a debt collector placed a telephone call in response to a consumer's request for additional information when the exclusion in § 1006.14(b)(3)(i) for telephone calls made with the consumer's prior consent given directly to the debt collector did not apply. For example, assume the same facts as in comment 14(b)(2)(ii)-1.ii, except assume that, during the telephone conversation about the credit card debt on Friday, August 14, the consumer told the debt collector that the consumer would like more information about the amount of the debt but that the consumer could not talk at that moment. The consumer ended the telephone call before the debt collector could seek prior consent under § 1006.14(b)(3)(i) to call back with the requested information. The debt collector placed another telephone call to the consumer prior to Friday, August 21, to provide the requested information. The fact that the debt collector placed the additional telephone call in response to the consumer's request is a factor that may rebut the presumption of a violation. iv. Whether a debt collector placed a telephone call to convey information to the consumer that, as shown through evidence, would provide the consumer with an opportunity to avoid a demonstrably negative effect relating to the collection of the particular debt, where the negative effect was not in the debt collector's control, and where time was of the essence. For example, in each of the following three scenarios, assume the same facts as in comment 14(b)(2)(ii)-1.ii, and also assume that: A. During the telephone conversation about the credit card debt on Friday, August 14, the debt collector and the consumer engaged in a lengthy conversation regarding settlement terms, and, toward the end of the conversation, the telephone call dropped. The debt collector immediately placed an additional telephone call to the consumer to complete the conversation. The fact that the debt collector placed the telephone call to permit the debt collector and the consumer to complete the conversation about settlement terms, which provided the consumer an opportunity to avoid a demonstrably negative effect that was not in the debt collector's control ( i.e., i.e., B. The consumer previously entered into a payment plan with the debt collector regarding the credit card debt. The conditions for the payment plan were set by the creditor, and among those conditions is that only the creditor, in its sole discretion, may approve waivers of late fees. On Monday, August 17, the debt collector learned that the consumer's payment failed to process, and the applicable grace period was set to expire on Tuesday, August 18. The debt collector placed a telephone call to the consumer on Monday to remind the consumer that a late fee would be applied by the creditor for non-payment unless the consumer made the payment by the next day. The fact that the debt collector placed the telephone call to alert the consumer to the pending penalty, giving the consumer an opportunity to avoid a demonstrably negative effect that was not in the debt collector's control and where time was of the essence, is a factor that may rebut the presumption of a violation. C. On Monday, August 17, the debt collector placed a telephone call to the consumer to offer the consumer a “one-time only” discount on the payment of the credit card debt. The debt collector stated that the offer would expire the next day when, in fact, the debt collector could have offered the same or a similar discount through the end of August. Because the negative effect on the consumer was in the debt collector's control, the discount offer is not a factor that may rebut the presumption of a violation. 14(b)(3) Certain Telephone Calls Excluded From Telephone Call Frequencies Paragraph 14(b)(3)(i) 1. Prior consent. 2. Duration of prior consent. 3. Examples. i. On Friday, April 3, a debt collector places a telephone call to a consumer. During the ensuing telephone conversation in connection with the collection of a debt, the consumer tells the debt collector to “call back on Monday.” Absent an exception, under § 1006.14(b)(2)(ii), the debt collector would be presumed to violate § 1006.14(b)(1) and FDCPA section 806(5) (15 U.S.C. 1692d(5)) if the debt collector called the consumer on Monday, April 6, because the additional telephone call would exceed the frequency described in § 1006.14(b)(2)(i)(B). Under § 1006.14(b)(3)(i), however, in the scenario described (and absent any other facts), the debt collector could, pursuant to the consumer's prior consent, place telephone calls to the consumer on Monday, April 6, and not lose a presumption of compliance with § 1006.14(b)(1) and FDCPA section 806(5). ii. Assume the same facts as in the preceding example, except that the consumer does not specify a particular day the debt collector may call back. Assume further that, on Monday, April 6, the debt collector calls the consumer back and has a telephone conversation with the consumer. The exception in § 1006.14(b)(3)(i) does not apply to subsequent telephone calls placed by the debt collector to the consumer, absent additional prior consent from the consumer. For example, if the debt collector, without additional prior consent, placed a telephone call to the consumer on Wednesday, April 8, that telephone call would count toward the telephone call frequencies described in § 1006.14(b)(2), and, pursuant to § 1006.14(b)(2)(ii), the debt collector would be presumed to violate § 1006.14(b)(1) and FDCPA section 806(5). iii. Between Monday, June 1, and Wednesday, June 3, a debt collector places three unanswered telephone calls to a consumer in connection with the collection of a debt. Also on Wednesday, June 3, the debt collector sends the consumer an email message in connection with the collection of the debt. The consumer responds by email on Thursday, June 4, requesting additional information about available repayment options related to the debt and writes, “You can call me at 123-456-7891 to discuss the repayment options.” The debt collector receives the consumer's prior consent by email on Thursday, June 4, and thereafter places eight unanswered telephone calls to the consumer between Monday, June 8, and Wednesday, June 10. Because the consumer provided prior consent directly to the debt collector, the exclusion in § 1006.14(b)(3)(i) applies to the eight telephone calls placed by the debt collector during the seven-consecutive-day period that began with receipt of the consumer's consent on Thursday, June 4. Those telephone calls therefore do not count toward the telephone call frequencies described in § 1006.14(b)(2)(i). However, any telephone calls placed by the debt collector after the end of the seven-day period ( i.e., Paragraph 14(b)(3)(ii) 1. Unconnected telephone calls. 14(b)(4) Definition 1. Particular debt. i. Placing a telephone call in connection with the collection of a particular debt. ii. Engaging in a telephone conversation in connection with the collection of a particular debt. 2. Examples. i. A debt collector is attempting to collect a medical debt and two credit card debts (denominated A and B for this example) from the same consumer. Under § 1006.14(b)(2)(i)(A), a debt collector may count an unanswered telephone call as one telephone call placed toward any one particular debt, even if the debt collector intended to discuss more than one particular debt had the telephone call resulted in a telephone conversation. Therefore, if the debt collector, within a period of seven consecutive days, places a total of 21 unanswered telephone calls, seven of which the debt collector counted as unanswered telephone calls to the consumer in connection with the collection of the medical debt, seven of which the debt collector counted as unanswered telephone calls to the consumer in connection with the collection of credit card debt A, and seven of which the debt collector counted as unanswered telephone calls to the consumer in connection with the collection of credit card debt B, the debt collector is presumed to comply with § 1006.14(b)(1) and FDCPA section 806(5), even if, for example, the debt collector intended to discuss both credit card debt A and credit card debt B had any of the telephone calls with respect to the credit card debts resulted in a telephone conversation. ii. A debt collector is attempting to collect a medical debt and a credit card debt from the same consumer. The debt collector places a telephone call to the consumer, intending to discuss both particular debts, but the consumer does not answer, and the telephone call goes to voicemail. The debt collector leaves a limited-content message, as defined in § 1006.2(j). Because the limited-content message does not specifically refer to any particular debt, under § 1006.14(b)(2)(i)(A), a debt collector may count the voicemail as one telephone call placed toward either of the particular debts, even though the debt collector intended to discuss both particular debts if the telephone call had resulted in a telephone conversation. iii. A debt collector is attempting to collect a medical debt and a credit card debt from the same consumer. On Monday, November 9, the debt collector places a telephone call to, and engages in a telephone conversation with, the consumer solely in connection with the collection of the medical debt. The debt collector does not place any telephone calls to the consumer in connection with the collection of the credit card debt. Regarding the medical debt, under § 1006.14(b)(2)(i)(A) and (B) respectively, the debt collector has placed a telephone call to, and has and engaged in a telephone conversation with, the consumer in connection with the collection of the particular debt, unless an exclusion in § 1006.14(b)(3) applies. Regarding the credit card debt, under § 1006.14(b)(2)(i)(A) and (B) respectively, the debt collector has neither placed a telephone call to, nor engaged in a telephone conversation with, the consumer in connection with the collection of the particular debt. iv. Assume the same facts as in the preceding example, except that on Monday, November 9, the debt collector engages in a telephone conversation with the consumer in connection with the collection of both the medical debt and the credit card debt. Under § 1006.14(b)(2)(i)(A) and (B) respectively, the debt collector has placed a telephone call to, and has engaged in a telephone conversation with, the consumer in connection with the collection of both the medical debt and the credit card debt, unless an exclusion in § 1006.14(b)(3) applies. v. A debt collector is attempting to collect a medical debt and a credit card debt from the same consumer. Beginning on Monday, November 9, and through Wednesday, November 11, the debt collector places two unanswered telephone calls to the consumer which the debt collector counts as telephone calls in connection with the collection of the medical debt, and four unanswered telephone calls to the consumer which the debt collector counts as telephone calls in connection with the collection of the credit card debt. On Thursday, November 12, the debt collector places a telephone call to, and engages in a general telephone conversation with, the consumer, but the debt collector and the consumer do not discuss either particular debt. Under § 1006.14(b)(2)(i)(A) and (B) respectively, the debt collector may count the November 12 telephone call and ensuing conversation toward either the medical debt or the credit card debt. For example, if the debt collector counts the November 12 telephone call and ensuing conversation toward the collection of only the medical debt, then, during this time period, the debt collector has placed three telephone calls and has had one conversation in connection with the collection of the medical debt, and has placed four telephone calls and has had no conversations in connection with the collection of the credit card debt. vi. A debt collector is attempting to collect a medical debt and a credit card debt from the same consumer. On Monday, November 9, the debt collector places a telephone call to, and initiates a telephone conversation with, the consumer about the collection of the medical debt. The consumer states that the consumer does not want to discuss the medical debt, and instead initiates a discussion about the credit card debt. Under § 1006.14(b)(2)(i)(A) and (B) respectively, the debt collector has both placed a telephone call to, and engaged in a telephone conversation with, the consumer in connection with the collection of the medical debt, even though the consumer was unwilling to engage in the discussion initiated by the debt collector regarding the medical debt. Under § 1006.14(b)(2)(i)(A) and (B) respectively, the debt collector has not placed a telephone call to the consumer in connection with the credit card debt, but the debt collector has engaged in a telephone conversation in connection with the collection of the credit card debt, even though the consumer, not the debt collector, initiated the discussion about the credit card debt. vii. A debt collector is attempting to collect three student loan debts that were serviced under a single account number at the time that they were obtained by a debt collector and that are owed or allegedly owed by the same consumer. All three debts are treated as a single debt for purposes of § 1006.14(b)(2). The debt collector is presumed to comply with § 1006.14(b)(1) and FDCPA section 806(5) if the debt collector places seven or fewer telephone calls within seven consecutive days to the consumer in connection with the collection of the three student loan debts, and the debt collector does not place a telephone call within a period of seven consecutive days after having had a telephone conversation with the consumer in connection with the collection of any one of the three student loan debts, unless an exclusion in § 1006.14(b)(3) applies. 14(h) Prohibited Communication Media 14(h)(1) In General 1. Communication media designations. 2. Specific address or telephone number. 3. Examples. i. Assume that a person tells a debt collector to “stop calling” the person. Based on these facts, the person has requested that the debt collector not use telephone calls to communicate with the person and, thereafter, § 1006.14(h)(1) prohibits the debt collector from communicating or attempting to communicate with the person through telephone calls. ii. Assume that, in response to receipt of either the opt-out procedures described in § 1006.6(d)(4)(ii) or the opt-out notice in § 1006.6(e), a consumer requests to opt out of receiving electronic communications from a debt collector at a particular email address or telephone number. Based on these facts, the consumer has requested that the debt collector not use that email address or telephone number to electronically communicate with the consumer for any debt and, thereafter, § 1006.14(h)(1) prohibits the debt collector from electronically communicating or attempting to communicate with the consumer through that email address or telephone number. 14(h)(2) Exceptions 1. Legally required communication media. Section 1006.18—False, Deceptive, or Misleading Representations or Means 18(d) False Representations or Deceptive Means 1. Social media. i. Assume that a debt collector sends a private message, in connection with the collection of a debt, requesting to be added as one of the consumer's contacts on a social media platform marketed for social or professional networking purposes. A debt collector makes a false representation or implication if the debt collector does not disclose his or her identity as a debt collector in the request. ii. Assume that a debt collector communicates privately with a friend or coworker of a consumer on a social media platform, for the purpose of acquiring location information about the consumer. Pursuant to § 1006.10(b)(1), the debt collector must identify himself or herself individually by name when communicating for the purpose of acquiring location information. To avoid violating § 1006.18(d), the debt collector must communicate using a profile that accurately identifies the debt collector's individual name. (But see § 1006.18(f) and its associated commentary regarding use of assumed names.) The debt collector also must comply with the other applicable requirements for obtaining location information in § 1006.10 ( e.g., 18(e) Disclosures Required 1. Communication. 18(e)(1) Initial Communications 1. Example. 18(e)(4) Translated Disclosures 1. Example. i. ABC debt collector is collecting a debt. ABC debt collector's initial communication with the consumer takes place in Spanish. Section 1006.18(e)(4) requires ABC debt collector to provide in Spanish the disclosure required by § 1006.18(e)(1). Thereafter, ABC debt collector has a communication with the consumer that takes place partly in English and partly in Spanish. During this communication, the debt collector must provide the disclosure required by § 1006.18(e)(2) in both English and Spanish. 18(f) Assumed Names 1. Readily identifiable by the employer. Section 1006.22—Unfair or Unconscionable Means 22(f) Restrictions on Use of Certain Media Paragraph 22(f)(2) 1. Language or symbol. Paragraph 22(f)(3) 1. Email addresses described in § 1006.6(d)(4). Paragraph 22(f)(4) 1. Social media. Section 1006.30—Other Prohibited Practices 30(a) Required actions prior to furnishing information. 30(a)(1) In general 1. About the debt. 2. Reasonable period of time. 3. Notices of undeliverability. i. Assume that, on May 1, a debt collector mails the consumer a validation notice as described in § 1006.34(a)(1)(i)(A). On May 10, the debt collector receives a notice of undeliverability and, without taking any additional action described in § 1006.30(a)(1), subsequently furnishes information about the debt to a consumer reporting agency. The debt collector has violated § 1006.30(a)(1). ii. Assume that, on May 1, a debt collector mails the consumer a validation notice as described in § 1006.34(a)(1)(i)(A). On May 10, the debt collector receives a notice of undeliverability. On May 11, the debt collector mails the consumer another validation notice as described in § 1006.34(a)(1)(i)(A). From May 11 to May 24, the debt collector permits receipt of, monitors for, and does not receive, a notice of undeliverability and thereafter furnishes information about the debt to a consumer reporting agency. The debt collector has not violated § 1006.30(a)(1). iii. Assume that, on May 1, a debt collector mails the consumer a validation notice as described in § 1006.34(a)(1)(i)(A). From May 1 to May 14, the debt collector permits receipt of, monitors for, and does not receive, a notice of undeliverability and thereafter furnishes information about the debt to a consumer reporting agency. After furnishing the information, the debt collector receives a notice of undeliverability. The debt collector has not violated § 1006.30(a)(1) and, without taking any further action, may furnish additional information about the debt to a consumer reporting agency. 30(b) Prohibition on the Sale, Transfer for Consideration, or Placement for Collection of Certain Debts 30(b)(1) In General 1. Transfer for consideration. 2. Debt that resulted from identity theft. 30(b)(2) Exceptions 30(b)(2)(i) In General Paragraph 30(b)(2)(i)(A) 1. In general. Section 1006.34—Notice for Validation of Debts 34(a) Validation information required. 34(a)(1) In general. 1. Deceased consumers. 34(b) Definitions. 34(b)(2) Initial communication. 1. Bankruptcy proofs of claim. 34(b)(3) Itemization date. 1. In general. 2. Subsequent debt collectors. Paragraph 34(b)(3)(i). 1. Last statement date. Paragraph 34(b)(3)(iii). 1. Last payment date. Paragraph 34(b)(3)(iv). 1. Transaction date. 34(b)(5) Validation period. 1. Assumed receipt of validation information. 2. Updated validation period. 34(c) Validation information. 34(c)(1) Debt collector communication disclosure. 1. Statement required by § 1006.18(e). i. ABC debt collector has an initial communication with the consumer by telephone. Within five days of that initial communication, ABC debt collector sends the consumer a validation notice using Model Form B-1 in appendix B to this part. ABC debt collector has complied with § 1006.34(c)(1) even though Model Form B-1 includes the disclosure described in § 1006.18(e)(1) rather than the disclosure described in § 1006.18(e)(2). 34(c)(2) Information about the debt. Paragraph 34(c)(2)(i). 1. Debt collector's name. 2. Debt collector's mailing address. Paragraph 34(c)(2)(ii). 1. Consumer's name. Paragraph 34(c)(2)(iii). 1. Creditor's name. Paragraph 34(c)(2)(iv). 1. Account number truncation. Paragraph 34(c)(2)(v). 1. Creditor's name. Paragraph 34(c)(2)(vii). 1. Amount of the debt on the itemization date. Paragraph 34(c)(2)(viii). 1. Itemization of the debt. 2. Itemization required by other applicable law. 3. Itemization on a separate page. 4. Debt collectors collecting multiple debts. Paragraph 34(c)(2)(ix). 1. Current amount of the debt. i.e., 2. Debt collectors collecting multiple debts. 34(c)(3) Information about consumer protections. Paragraph 34(c)(3)(v). 1. Electronic communication media. 34(c)(4) Consumer-response information. 1. Prompts. 34(c)(5) Special rule for certain residential mortgage debt. 1. In general. 34(d) Form of validation information. 34(d)(2) Safe harbor. 1. In general. 34(d)(2)(i) In general. 1. Disclosure required by § 1006.18(e). 34(d)(2)(iii) Substantially similar form. 1. Substantially similar form. i. Modifications to remove language that could suggest liability for the debt if such language is not applicable. For example, if a debt collector sends a validation notice to a person who is authorized to act on behalf of the deceased consumer's estate (see comment 34(a)(1)-1), and that person is not liable for the debt, the debt collector may use the name of the deceased consumer instead of “you”; ii. Relocating the consumer-response information required by § 1006.34(c)(4) to facilitate mailing; iii. Adding barcodes or QR codes, as long as the inclusion of such items does not violate § 1006.38(b); iv. Adding the date the form is generated; and v. Embedding hyperlinks, if delivering the form electronically. 34(d)(3) Optional disclosures. 34(d)(3)(i) Telephone contact information. 1. In general. 34(d)(3)(iv) Disclosures under applicable law. 34(d)(3)(iv)(A) Disclosures on the reverse of the validation notice. 1. In general. 2. Statement referring to disclosures. 34(d)(3)(iv)(B) Disclosures on the front of the validation notice. 1. In general. 34(d)(3)(vi) Spanish-language translation disclosures. Paragraph 34(d)(3)(vi)(A). 1. Supplemental information in Spanish. Paragraph 34(d)(3)(vii). 1. Merchant brand. 2. Affinity brand. 3. Facility name. 34(e) Translation into other languages. 1. Safe harbor for complete and accurate translation. Section 1006.38—Disputes and Requests for Original-Creditor Information 1. In writing. i. Mails the written dispute or request to the debt collector; ii. Returns to the debt collector the consumer-response form that § 1006.34(c)(4) requires to appear on the validation notice and indicates on the form the dispute or request; iii. Provides the dispute or request to the debt collector using a medium of electronic communication through which the debt collector accepts electronic communications from consumers, such as an email address or a website portal; or iv. Delivers the written dispute or request in person or by courier to the debt collector. 2. Interpretation of the E-SIGN Act. 3. Deceased consumers. 38(a) Definitions 38(a)(1) Duplicative Dispute 1. Substantially the same. 2. New and material information. i. ABC debt collector is collecting a debt from a consumer and sends the consumer a validation notice. In response, the consumer submits a written dispute to ABC debt collector within the validation period asserting that the consumer does not owe the debt. The consumer does not include any information in support of the dispute. Pursuant to § 1006.38(d)(2)(i), ABC debt collector provides the consumer a copy of verification of the debt. The consumer then sends a cancelled check showing the consumer paid the debt. The cancelled check is new and material information. 38(d) Disputes 38(d)(2) Response to Disputes Paragraph 38(d)(2)(ii) 1. Duplicative dispute notice. Section 1006.42—Sending Required Disclosures 42(a) Sending Required Disclosures 42(a)(1) In General 1. Relevant factors. i. Identified the purpose of the communication by including, in the subject line of an electronic communication transmitting the disclosure, the name of the creditor to whom the debt currently is owed or allegedly is owed and one additional piece of information identifying the debt, other than the amount, such as a truncated account number; the name of the original creditor; the name of any store brand associated with the debt; the date of sale of a product or service giving rise to the debt; the physical address of service; and the billing or mailing address on the account; ii. Permitted receipt of notifications of undeliverability from communications providers, monitored for any such notifications, and treated any such notifications as precluding a reasonable expectation of actual notice for that delivery attempt; and iii. Identified itself as the sender of the communication by including a business name that the consumer would be likely to recognize, such as the name included in the notice described in § 1006.6(d)(4)(ii)(C), or the name that the debt collector has used in a prior limited-content message left for the consumer or in an email message sent to the consumer. 2. Notice of undeliverability. 3. Safe harbor for notices sent by mail. 4. Effect of consumer opt out. Subpart C—[Reserved] Subpart D—Miscellaneous Section 1006.100—Record Retention 1. Three-year retention period. 100(a) In general. 1. Records that evidence compliance. i. Telephone call logs as evidence of compliance or noncompliance with the prohibition against harassing telephone calls in § 1006.14(b)(1); and ii. Copies of documents provided to consumers as evidence that the debt collector provided the information required by §§ 1006.34 and 1006.38 and met the delivery requirements of § 1006.42. 100(b) Special Rule for Telephone Call Recordings 1. Recorded telephone calls. Section 1006.104—Relation to State Laws 1. State law disclosure requirements. [85 FR 76887, Nov. 30, 2020, as amended at 86 FR 5857, Jan. 19, 2021; 87 FR 65669, Nov. 1, 2022; 88 FR 16538, Mar. 20, 2023]

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