Debt Collection Practices in Connection with the Global COVID-19 Pandemic (Regulation F)

Forms and Documents

Document Name	Status
15 USC Section 1692.pdf Supplementary Document	2021-04-22
12 CFR Part 1006.pdf Supplementary Document	2021-04-22
Emergency Clearance Request memo for Debt Collection Practices in Connection with the Global COVID-19 Pandemic (Regulation F)) Interim Final Rule.pdf Supplementary Document	2021-04-22
Supporting Statement for Debt Collection Practices in Connection with the Global COVID-19 Pandemic (Regulation F) Interim Final Rule.docx Supporting Statement A	2021-04-22

IC Document Collections

IC ID	Document Title	Status
246876	Disclosure Requirements	New

ICR Details

OMB Control No:	ICR Reference No: 202104-3170-002
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: CFPB	Agency Tracking No:
Title: Debt Collection Practices in Connection with the Global COVID-19 Pandemic (Regulation F)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 05/03/2021
Date Submitted to OIRA: 04/22/2021

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	720,000	0
Time Burden (Hours)	3,000	0
Cost Burden (Dollars)	72,000	0

---

Abstract: The Bureau of Consumer Financial Protection (Bureau) is issuing an interim final rule to amend Regulation F, which implements the Fair Debt Collection Practices Act (FDCPA) and currently contains the procedures for State application for exemption from the provisions of the FDCPA. The interim final rule addresses certain debt collector conduct associated with an eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) in response to the global COVID-19 pandemic. The amendments prohibit debt collectors from taking certain covered eviction actions unless the debt collectors provide written notice to certain consumers of their protections under the CDC temporary eviction moratorium and prohibit misrepresentations about consumers’ ineligibility for protection under such moratorium.

Emergency Justfication: The Consumer Financial Protection Bureau (the Bureau) respectfully requests emergency processing and approval of the collection of information discussed below because public harm (related to the COVID-19 pandemic) is likely to result due to the use of normal clearance procedures. On March 29, 2021, the Centers for Disease Control and Prevention (CDC) extended an existing agency order that imposes an eviction moratorium that generally limits the circumstances in which certain persons may be evicted from residential property. The Bureau is concerned that consumers are not aware of their protections under the CDC Order’s eviction moratorium and that debt collectors covered by the Fair Debt Collection Practices Act (FDCPA) may be engaging in eviction-related conduct that violates the FDCPA. This interim final rule addresses the public health emergency caused by the COVID-19 pandemic and its effects on consumers, particularly renters who may be vulnerable to the negative economic impacts of the pandemic, the risk of eviction, and the health and safety consequences that may ensue. Citing the continuing health and safety risks posed by the COVID-19 pandemic, the CDC Order, as extended on March 29, 2021, maintains the eviction moratorium until June 30, 2021. As the CDC Order extension noted, although COVID-19 transmission has decreased since a peak in January 2021, the current number of cases per day remains almost twice as high as the initial peak in April 2020 and transmission rates are similar to the second peak in July 2020. Since the CDC Order’s eviction moratorium went into effect in September 2020, some debt collectors have engaged in evicting consumers from residential properties. The Bureau has become aware in the months following the initial institution of CDC Order’s eviction moratorium that consumers who interact with these debt collectors may not be aware of their protections under the CDC Order. As explained below, the failure of debt collectors to disclose these protections can violate the FDCPA with immediate consequences to health and safety. These challenges have emerged only after the CDC Order initially took effect, and the temporary eviction moratorium effectuated by the CDC Order has recently been extended for a limited period of time. To provide necessary protection for consumers, particularly in light of the health and safety consequences of eviction, as well as clarity for debt collectors, it is critical that the interim final rule take effect immediately. The Bureau respectfully requests OMB to approve this request by May 3, 2021

---

Authorizing Statute(s): US Code: 15 USC 1692 Name of Law: Fair Debt Collection Practices Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3170-AA41	Final or interim final rulemaking	86 FR 21163	04/22/2021

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Disclosure Requirements

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	720,000	0	0	720,000	0	0
Annual Time Burden (Hours)	3,000	0	0	3,000	0	0
Annual Cost Burden (Dollars)	72,000	0	0	72,000	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The required disclosures related to this Interim Final Rule will be contained in a new information collection with Bureau allocated totals of 720,000 responses, 3,000 burden hours, $53,500 labor costs, and $72,000 burden costs.

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Yes

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Yes

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/22/2021

---