CFPB Proposes Debt Collection Rule that Congress Rejected

The CFPB’s proposed debt collection rules envision a much-needed update and modernization to many provisions in the Fair Debt Collection Practices Act.  However, the CFPB’s proposed rules include a limit of the number of debt collection calls that may be made per week without regard to the REJECTION of call frequency limits by Congress.  Because our Congress considered and dismissed call frequency limits for debt collectors, the CFPB cannot implement such limits through rulemaking.

In this episode of the Debt Collection Drill podcast, attorneys Mike Poncin and John Rossman re-enact (from official Congressional transcripts) portions of the April 4, 1977 debates in the United States House of Representatives regarding the FDCPA and specifically a then-proposed weekly limit on debt collection calls.  Members of Congress raised specific and detailed objections on the record about the Constitutionality of the call frequency limit proposal at that time and also concerns about false claims.