CFPB's Debt Collection Rule Limits Calls and Governs Texts and Emails

Citation

85 Fed. Reg. 76734 (Nov. 30, 2020) (codified at 12 C.F.R. pt. 1006)

Court or agency

Consumer Financial Protection Bureau

Date

November 30, 2021

Law

Regulation F, FDCPA

Summary

The CFPB's first-ever substantive debt collection rule, Regulation F, was published on November 30, 2020 and took effect on November 30, 2021. It turns the FDCPA's general ban on harassing calls into concrete call-frequency presumptions and sets ground rules for voicemails, emails, text messages and social media.

Background

The Fair Debt Collection Practices Act (FDCPA) dates to 1977. It bans harassing and abusive collection conduct, including calling “repeatedly or continuously” to annoy or harass. But it never said how many calls is too many, and it was written long before email and text messages existed.

The Consumer Financial Protection Bureau (CFPB) issued Regulation F in two parts. This first part was published in the Federal Register on November 30, 2020, and both parts took effect on November 30, 2021. Regulation F applies to “debt collectors” as the FDCPA defines them. That generally means third-party collection agencies, many debt buyers, and law firms that regularly collect consumer debts. It generally does not cover an original creditor collecting its own account.

What changed

• Call frequency (12 C.F.R. 1006.14(b)). A collector is presumed to comply if it does not call a person about a particular debt more than seven times within seven consecutive days. It is presumed to violate the law if it exceeds that limit, or if it calls again within seven days after having a phone conversation with that person about the debt. Some calls do not count. Examples are calls that do not connect, and calls made within seven days after the consumer gave the collector direct permission to call.
• Limited-content voicemails (1006.2(j)). The rule defines a “limited-content message”: a voicemail that gives a business name that does not reveal debt collection, a request to call back, a person’s name and a phone number. Such a message is not treated as a “communication” about the debt.
• Email and text messages (1006.6(e)). Every collection email or text must include a clear and conspicuous, reasonable and simple way to opt out of further electronic messages to that address or number. The collector cannot charge a fee or demand extra information for opting out.
• Work email and social media (1006.22(f)). Collectors generally may not email you at an address they know or should know is provided by your employer. They may not contact you through social media in a way that is visible to the public or to your social media contacts.
• Inconvenient times and places (1006.6(b)). The FDCPA’s presumption that calls before 8 a.m. or after 9 p.m. are inconvenient now applies to electronic messages as well as calls.

Our take

The seven-in-seven rule is a presumption, not an absolute ceiling, and it applies debt by debt. A collector working several of your accounts may claim it can call more often. Even so, the rule gives consumers something they lacked before: a clear benchmark that courts and collectors both recognize.

The electronic-communication rules matter more than many people realize. Collectors now send a large share of their contacts by email and text. A message with no opt-out, or one sent to a work email, can be its own violation.

Regulation F was adopted through notice-and-comment rulemaking. The CFPB’s May 2025 withdrawal of dozens of guidance documents did not repeal it, and as of this update the regulation remains in force.

What it means if you’re sued in Texas

Texas debt lawsuits are usually filed by debt buyers or by collection law firms, and both are typically FDCPA “debt collectors” bound by Regulation F. The Texas Debt Collection Act (Texas Finance Code chapter 392) separately prohibits harassing collection calls and, unlike the FDCPA, can apply to original creditors too.

If you are being called or messaged excessively, write down the date and time of each call, and save texts, emails and voicemails. That record can support a counterclaim or a separate claim, and it can give you leverage in settlement talks. It does not erase a debt you owe, and you still need to file an answer by the court’s deadline if you have been sued.

If a collector’s calls or messages have crossed the line, or you have been served with a lawsuit, a free case review is available.

Takeaway

Keep a call log and save every collection text, email and voicemail. Records showing more than seven calls in seven days, or messages with no opt-out, are evidence a Texas court can consider.

Sources

Primary authority

• Final rule, Part 1 (Federal Register, 85 Fed. Reg. 76734)
• Regulation F, 12 C.F.R. part 1006 (eCFR)

Secondary sources

• A Step-by-Step Guide to Regulation F (Weltman)
• The Debt Collection Overhaul Is Officially Here (Mayer Brown)

This summary and analysis are general information, not legal advice. Later decisions, amendments or agency actions may change the law; check the current status before relying on it.