AGENCY:
Consumer Financial Protection Bureau.
ACTION:
Advisory opinion.
SUMMARY:
The Consumer Financial Protection Bureau (CFPB) is issuing this advisory opinion to affirm that the Fair Debt Collection Practices Act (FDCPA) and its implementing Regulation F prohibit a debt collector, as that term is defined in the statute and regulation, from suing or threatening to sue to collect a time-barred debt. Accordingly, an FDCPA debt collector who brings or threatens to bring a State court foreclosure action to collect a time-barred mortgage debt may violate the FDCPA and Regulation F.
DATES:
This advisory opinion is effective on May 1, 2023.
- May 1, 2023
- Time: All Day
Other events in Effective Date
- January 8, 2018: Final Rule: CRA Amendments
- January 8, 2018: Effective Date: Payday, Vehicle Title, and Certain High-Cost Installment Loans
- May 31, 2018: Effective Date: Real Estate Appraisals
- January 27, 2018: SAR Update and Revision
- January 8, 2018: Effective Date: Revisions to Call Report
- September 21, 2018: Effective Date: Small Bank Holding Company and Savings and Loan Holding Company Policy Statement
- June 18, 2018: Transition to Two-Business-Day Standard Securities Settlement Cycle
- September 21, 2018: Final Rule: 2018 HMDA Final Rule on Partial Exemptions to the EGRRCPA
- August 28, 2018: Final Rule: Amendment to Regulation P
- September 21, 2018: Effective Date: Regulation V Summaries of Rights Under FCRA
- June 18, 2018: Effective Date: Securities Transaction Settlement Cycle
- September 14, 2018: Effective Date: Truth in Lending (Regulation Z) Annual Threshold Adjustments
- October 8, 2018: Effective Date: Reg. CC Availability of Funds and Collection of Checks
- November 27, 2018: Effective Date: Final Amendments to Regulation J
- December 3, 2018: Effective Date: Appraisals for Higher-Priced Mortgage Loans Exemption Threshold
- December 3, 2018: Effective Date: Consumer Leasing (Regulation M)
- February 10, 2019: Effective Date: Expanded Examination Cycle
- April 9, 2019: Effective Date: Implementation and Transition of the Current Expected Credit Losses Methodology
- April 9, 2019: Effective Date: Disclosure of Financial and Other Information by FDIC-Insured State Nonmember Banks
- December 3, 2018: Effective Date: EGRRCPA, SEC. 302. PROTECTING VETERANSā CREDIT
- April 9, 2019: Effective Date: Private Flood Insurance Final Rule
- June 5, 2019: Effective Date: Final rule to implement a new section of the Home Owners’ Loan Act
- June 5, 2019: Effective Date: Liquidity Coverage Ratio Rule
- June 28, 2019: Effective Date: Reduced Reporting for Covered Depository Institutions
- August 6, 2019: Effective Date: Revisions to Prohibitions and Restrictions on Proprietary Trading and Certain Interests In, and Relationships With, Hedge Funds and Private Equity Funds
- August 6, 2019: Effective Date: Joint Ownership Deposit Accounts
- July 15, 2019: Effective Date: Availability of Funds and Collection of Checks (Regulation CC)
- October 8, 2018: Effective Date: NACHA Faster Funds Availability Rule
- July 15, 2019: Effective Date: Regulatory Capital Simplification Final Rule
- November 8, 2019: Effective Date: Increased Threshold for Residential Appraisal Exemptions
- August 30, 2019: Effective Date: FHFA Issues Final Rule Regarding Credit Score Models
- November 22, 2019: Effective Date: USDA Establishment of a Domestic Hemp Production Program
- December 3, 2018: Effective Date: EGRRCPA, SEC. 106. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS
- October 8, 2019: Effective Date: Amendments to the Stress Testing Rule for National Banks and Federal Savings Associations
- November 22, 2019: Effective Date: Screening and Training Requirements for Mortgage Loan Originators with Temporary Authority
- January 21, 2020: Effective Date: Temporary Reg. O relief for certain extensions of credit to fund complex-controlled portfolio companies
- January 6, 2020: Effective Date: Truth in Lending Act (Regulation Z) Adjustment To Asset-Size Exemption Threshold
- August 19, 2019: Effective Date: CFPB Issues Final Rule Adjusting the Annual Thresholds under Reg Z for 2020
- October 8, 2019: Effective Date: Department of Labor Final Rule to Update Overtime Compensation Regulations
- January 6, 2020: Effective Date: Home Mortgage Disclosure (Regulation C) Adjustment to Asset-Size Exemption Threshold
- January 21, 2020: Effective Date: OCC Issues Notice of Civil Money Penalties Adjustment
- February 7, 2020: Effective Date: Agencies Release Final Rule to Increase Asset-Size Thresholds for CRA
- January 31, 2020: Effective Date: Real Estate Appraisals Final Rule
- February 7, 2020: Effective Date: FRB Asset Threshold Adjustment in Regulation I
- October 8, 2018: Effective Date: NACHA Increase in the Per-Transaction Dollar Limit
- April 24, 2020: Applicability Date: Regulation D Reserve Requirements of Depository Institutions
- March 31, 2020: Effective Date: Interim Final Rule and Request for Comment to Revise CECL Implementation
- July 15, 2019: Effective Date: Regulatory Capital Simplification Final Rule (April 1, 2020)
- April 1, 2020: Effective Date: Regulatory Capital Treatment for HVCRE Exposures
- June 26, 2020: Applicability Date: FDIC Final Rule Regarding Mitigating the Deposit Insurance Assessment for Participating in PPP, PPPLF, and MMMFLF
- April 14, 2020: Effective Date: Federal Reserve Issues Interim Final Rule to Allow Revise Total Leverage Coverage
- April 15, 2020: Effective Date: PPP Interim Final Rule #1
- April 15, 2020: Effective Date: PPP Interim Final Rule #2
- April 17, 2020: Effective Date: Interim Final Rule and Request for Comment to Suspend Certain Appraisal and Evaluation Requirements
- April 22, 2020: FRB Interim Final Rule Regarding Reg O and PPP Loans
- April 23, 2020: Effective Date: Agencies Issue Interim Final Rule and Request for Comment to Regarding a Graduated Transition to Community Bank Leverage Ratio Framework
- April 23, 2020: Effective Date: Interim Final Rule and Request for Comment to Revise Community Bank Leverage Ratio Framework
- April 28, 2020: Effective Date: Regulation D Amendments
- April 27, 2020: Effective Date: CFPB Interpretive Rule Regarding Stimulus Checks and the Regulation E Compulsory Use Prohibition
- May 4, 2020: Effective Date: CFPB Interpretative Rule Regarding TRID and Right of Rescission
- May 6, 2020: Effective Date: Modification to the LCR Rule
- May 20, 2020: Effective Date: DOL Section 7(i) Exemption Final Rule
- May 12, 2020: Interim Final Rule: Deadline for Submission of the Initial SBA Form 1502
- June 5, 2020: Effective Date: PPP Flexibility Act
- April 23, 2020: Comment Period: Agencies Issue Interim Final Rule and Request for Comment to Regarding a Graduated Transition to Community Bank Leverage Ratio Framework
- June 26, 2020: Effective Date: Determining āUnderservedā Areas Using HMDA Data
- June 26, 2020: Effective Date: FDIC Final Rule Regarding Mitigating the Deposit Insurance Assessment for Participating in PPP, PPPLF, and MMMFLF
- June 30, 2020: Last day for lenders to obtain an SBA loan number for PPP loans!
- July 15, 2019: Effective Date: Availability of Funds and Collection of Checks (Regulation CC) (July 1)
- June 30, 2020: Effective Date: Treatment of Certain COVID-19 Related Loss Mitigation Options Under RESPA
- May 12, 2020: Effective Date: CFPB Final Rule Regarding HMDA Thresholds
- July 6, 2020: Effective Date: S.4116 Extending the PPP to August 8, 2020
- July 1, 2020: Extended: IRA Contribution Deadline for 2019
- July 16, 2020: Effective Date: Reg. O Interim Final Rule to extend PPP exception to August 8, 2020
- July 20, 2020: Effective Date: Reg. E Remittance Transfer Rule 2020 Amendments
- August 13, 2020: Effective Date: OCC Interim Final Rule Regarding Collective Investment Funds
- June 30, 2020: Comment Period: Treatment of Certain COVID-19 Related Loss Mitigation Options Under RESPA
- July 23, 2020: Effective Date: Federal Interest Rate Authority
- June 25, 2020: Effective Date: FHFA amendments to FHLB Housing Goals regulation
- September 3, 2020: Effective Date: Small Business Administration Issues Interim Final Rule Regarding Paycheck Protection Program Nonpayroll Costs
- September 3, 2020: Effective Date: Small Business Administration Issues Interim Final Rule Regarding Paycheck Protection Program Loan Appeals
- September 18, 2020: Effective Date: Truth in Lending (Regulation Z) Annual Threshold Adjustments 2021
- August 1, 2020: Effective Date: Final Rule to Amend Volcker Rule
- September 4, 2020: Effective Date: Regulatory Capital Rule: Temporary Changes to and Transition for the Community Bank Leverage Ratio Framework
- July 23, 2020: Effective Date: Payday, Vehicle Title, and Certain High-Cost Installment Loans
- November 17, 2020: Effective Date: FDIC Issues Final Rule
- November 17, 2020: Effective Date: The OCC, Board, and FDIC (collectively, the agencies) issues Final Fule
- July 20, 2020: Effective Date: Truth in Lending (Reg. Z) Annual Threshold Adjustments
- September 4, 2020: Effective Date: Federal Reserve Issues Interim Final Rule to Allow Banks to Revise the Retained Income Defintion
- February 23, 2021: Effective Date: Final Margin Rule
- February 9, 2021: Effective Date: Qualified Mortgage Definition Under the Truth in Lending Act (Regulation Z): Seasoned QM Loan Definition
- February 9, 2021: Effective Date: Qualified Mortgage Definition Under the Truth in Lending Act (Regulation Z): General QM Loan Definition
- February 22, 2021: Effective Date: FDIC Issues Final Rules to Rescind and Remove Transferred OTS Regulations.
- February 22, 2021: Effective Date: Removal of Transferred OTS Regulations Regarding Certain Subordinate Organizations of State Savings Associations
- February 22, 2021: Effective Date: Removal of Transferred Office of Thrift Supervision (OTS) Regulations Regarding Nondiscrimination Requirements
- February 22, 2021: Effective Date: Removal of Transferred OTS Regulations Regarding Prompt Corrective Action Directives and Conforming Amendments to Other Regulations
- February 18, 2021: Effective Date: FRB Finalizes Regulation D Reserve Requirements
- February 23, 2021: Effective Date: Position Limits for Derivatives
- February 22, 2021: Effective Date: Disclosure of Payments by Resource Extraction Issuers
- October 8, 2018: Effective Date: NACHA New Same Day ACH Processing Window with Expanded Hours
- January 6, 2020: Effective Date: FRB Approves Changes to Federal Reserve Banks’ Payment Services to Facilitate Same Day ACH Processing at a Later Date
- February 9, 2021: Effective Date: Fair Access to Financial Services
- February 9, 2021: Effective Date: Unsafe and Unsound Banking Practices: Brokered Deposits and Interest Rate Restrictions
- February 9, 2021: Effective Date: Activities and Operations of National Banks and Federal Savings Associations
- February 9, 2021: Effective Date: Regulatory Capital Treatment for Investments in Certain Unsecured Debt Instruments of Global Systemically Important U.S. Bank Holding Companies, Certain Intermediate Holding Companies,
- February 23, 2021: Effective Date: Exemption from Definition of āClearing Agencyā for Certain Activities of Security-Based Swap Dealers and Security-Based Swap Execution Facilities
- February 18, 2021: Effective Date: Final Rule to Tailor Requirements in Capital Plan Rule
- May 26, 2021: Effective Date: Consolidated Reports of Condition and Income Changes June 30, 2021
- November 3, 2020: Effective Date: Final Rule on Net Stable Funding Ratio
- May 26, 2021: Effective Date: Consolidated Reports of Condition and Income Changes September 30, 2021
- November 4, 2021: Effective Date: Joint Statement on Managing the LIBOR Transition
- November 8, 2021: Effective Date: OSHA Emergency Temporary Standard
- February 18, 2021: Effective Date: Final Rule to Revise Regulation F
- May 12, 2020: Effective Date: CFPB Final Rule Regarding HMDA Thresholds
- November 8, 2021: Effective Date: Truth in Lending (Regulation Z) Annual Threshold Adjustments (Credit Cards, HOEPA, and Qualified Mortgages)
- March 24, 2022: Effective Date: OFAC Final Rule on Chinese Military-Industrial Complex Sanctions
- March 23, 2022: Effective Date: Interagency Statement on Special Purpose Credit Programs Under the Equal Credit Opportunity Act and Regulation B
- March 23, 2022: Mandatory Compliance: Russian Harmful Foreign Activities Sanctions Regulations
- March 23, 2022: Mandatory Compliance: Servicer Responsibilities in Public Service Loan Forgiveness Communications
- November 22, 2021: Effective Date: Computer-Security Incident Notification Requirements
- March 24, 2022: Effective Date: Computer-Security Incident Notification Requirements for Banking Organizations and Their Bank Service Providers
- March 23, 2022: Effective Date: FOMC formally adopts comprehensive new rules for investment and trading activity
- March 24, 2022: Effective Date: NACHA Rule on Micro-Entries
- December 13, 2022: Effective Date: CFPB- Fair Credit Reporting Act Disclosures
- December 13, 2022: Effective Date: FDIC- Assessments, Revised Deposit Insurance Assessment Rates
- January 30, 2023: Effective Date: Community Reinvestment Act: Revision of Small and Intermediate Small Bank and Savings Association Asset Thresholds
- January 30, 2023: Effective Date: Home Mortgage Disclosure (Regulation C) Adjustment to Asset-Size Exemption Threshold
- January 30, 2023: Effective Date: Truth in Lending Act (Regulation Z) Adjustment to Asset-Size Exemption Threshold
- January 30, 2023: Effective Date: Truth in Lending (Regulation Z) Annual Threshold Adjustments (Credit Cards, HOEPA, and Qualified Mortgages)
- January 30, 2023: Effective Date: Community Reinvestment Act Regulations Asset-Size Thresholds
- February 17, 2023: Effective Date: H.R.Ā 2617
- February 17, 2023: Effective Date: Fair Credit Reporting Act Disclosures
- February 17, 2023: Effective Date: Supervisory Guidance on Multiple Re-Presentment NSF Fees
- February 17, 2023: Effective Date: Truth in Lending (Regulation Z) Amendment
- February 17, 2023: Effective Date: Consumer Leasing (Regulation M) Amendment
- December 13, 2022: Effective Date: FRB- Reserve Requirements of Depository Institutions
- February 17, 2023: Effective Date: Joint Statement on Crypto-Asset Risks to Banking Organizations
- February 17, 2023: Effective Date: Reserve Requirements of Depository Institutions
- February 17, 2023: Effective Date: Inflation Adjustment of Civil Monetary Penalties
- February 17, 2023: Effective Date: Inflation Adjustment of Civil Monetary Penalties
- February 17, 2023: Effective Date: Improvements to the Federal Reserve Policy on Payment System Risk
- February 22, 2023: Effective Date: Policy Statement on Section 9(13) of the Federal Reserve Act
- February 22, 2023: Effective Date: Regulation D rate of interest paid on balances (āIORBā) maintained at Federal Reserve Banks by or on behalf of eligible institutions
- February 22, 2023: Effective Date: Regulation A increase in the rate for primary credit at each Federal Reserve Bank
- February 22, 2023: Effective Date: Real Estate Settlement Procedures Act (Regulation X); Digital Mortgage Comparison-Shopping Platforms and Related Payments to Operators
- March 10, 2023: Effective Date: Electronic-Filing Requirements for Specified Returns and Other Documents
- March 10, 2023: Effective Date: Joint Statement on Liquidity Risks to Banking Organizations Resulting from Crypto-Asset Market Vulnerabilities
- January 30, 2023: Effective Date: Prior Approval for Enterprise Products
- February 17, 2023: Effective Date: Regulation Implementing the Adjustable Interest Rate (LIBOR) Act
- March 24, 2023: Effective Date: Supervisory Highlights Junk Fees Special Edition
- March 24, 2023: Effective Date: Fair Hiring in Banking Act Amends Section 19 of the Federal Deposit Insurance Act
- March 24, 2022: Effective Date: NACHA Rule on Micro-Entries Phase 2
- April 7, 2023: Effective Date: Regulation D: Reserve Requirements of Depository Institutions
- April 7, 2023: Effective Date: Regulation A: Extensions of Credit by Federal Reserve Banks
- March 10, 2023: Effective Date: Adjustable Rate Mortgages: Transitioning From LIBOR to Alternate Indices
- April 7, 2023: Effective Date: Agency Contact Information
- May 12, 2023: Effective Date: Joint Statement on Completing the LIBOR Transition
- May 12, 2023: Effective Date: Overdraft Protection Programs: Risk Management Practices
- May 12, 2023: Effective Date: Interagency Policy Statement on Allowances for Credit Losses
- May 12, 2023: Effective Date: Securities Transaction Settlement Cycle
- May 12, 2023: Effective Date: Corrections in the Iranian Transactions and Sanctions Regulations and Western Balkans Stabilization Regulations
- March 10, 2023: Effective Date: Prior Approval for Enterprise Products
- April 7, 2023: Effective Date: Reinstatement of HUD’s Discriminatory Effects Standard
- May 12, 2023: Effective Date: Fair Debt Collection Practices Act (Regulation F); Time-Barred Debt
- May 12, 2023: Effective Date: Supervisory Guidance on Charging Overdraft Fees for Authorize Positive, Settle Negative Transactions
- June 23, 2023: Effective Date: Shortening the Securities Transaction Settlement Cycle
- March 24, 2023: Effective Date: Increased Forty-Year Term for Loan Modifications
- June 2, 2023: Effective Date: Consumer Financial Protection Circular 2023-02
- April 28, 2023: Effective Date: Affiliation and Lending Criteria for the SBA Business Loan Programs
- June 2, 2023: Effective Date: Regulation D: Reserve Requirements of Depository Institutions
- June 2, 2023: Effective Date: Regulation A: Extensions of Credit by Federal Reserve Banks
- April 28, 2023: Effective Date: Small Business Lending Company (SBLC) Moratorium Rescission and Removal of the Requirement for a Loan Authorization
- June 23, 2023: Effective Date: Interagency Guidance on Third-Party Relationships: Risk Management
- July 21, 2023: Effective Date: Supervisory Guidance on Multiple Re-Presentment NSF Fees
- May 12, 2023: Effective Date: Fair Housing Rule, Consumer Protection in Sales of Insurance Rule; Technical Correction
- February 17, 2023: Effective Date: Debit Card Interchange Fees and Routing
- April 28, 2023: Effective Date: Enterprise Duty To Serve Underserved Markets-Colonia Census Tract Amendments
- June 2, 2023: Effective Date: Economic Growth Regulatory Relief and Consumer Protection Act: Implementation of National Standards for the Physical Inspection of Real Estate (NSPIRE)
- July 21, 2023: Effective Date: Policy Statement on Prudent Commercial Real Estate Loan Accommodations and Workouts
- August 11, 2023: Effective Date: Money Market Fund Reforms; Form PF Reporting Requirements for Large Liquidity Fund Advisers; Technical Amendments to Form N-CSR and Form N-1A
- September 8, 2023: Effective Date: Loan Purchase Activities: Legal Lending Limit Guidance
- September 8, 2023: Effective Date: Small Business Investment Company Investment Diversification and Growth
- June 23, 2023: Effective Date: Small Business Lending Under the Equal Credit Opportunity Act (Regulation B)
- September 8, 2023: Effective Date: FDIC Updates Equal Housing Lender Posters
- October 13, 2023: Effective Date: Adverse action notification requirements and the proper use of the CFPBās sample forms provided in Regulation B
- November 10, 2023: Effective Date: Joint Statement on Fair Lending and Credit Opportunities for Noncitizen Borrowers Under the Equal Credit Opportunity Act
- September 8, 2023: Effective Date: Additional Guidance on Low-Income Communities Bonus Credit Program
- November 17, 2023: Effective Date: Telephone Consumer Protection Act: Revised Interagency Examination Procedures and Rescissions
- November 17, 2023: Effective Date: Commercial Lending: Venture Loans to Companies in an Early, Expansion, or Late Stage of Corporate Development
- November 17, 2023: Effective Date: Indorsement and Payment of Checks Drawn on the United States Treasury
- December 29, 2023: Effective Date: Retail Lending: Risk Management of ‘Buy Now, Pay Later’ Lending
- January 5, 2024: Effective Date: Advisory: Managing Commercial Real Estate Concentrations in a Challenging Economic Environment
- December 15, 2023: Effective Date: Federal Reserve Bank Capital Stock
- October 13, 2023: Effective Date: Truth in Lending (Regulation Z) Annual Threshold Adjustments (Credit Cards, HOEPA, and Qualified Mortgages)
- October 27, 2023: Effective Date: Regulatory Capital Rules: Risk-Based Capital Requirements for Depository Institution Holding Companies Significantly Engaged in Insurance Activities
- November 17, 2023: Effective Date: Use of FinCEN Identifiers for Reporting Beneficial Ownership Information of Entities
- December 15, 2023: Effective Date: Beneficial Ownership Information Reporting Deadline Extension for Reporting Companies Created or Registered in 2024
- December 15, 2023: Effective Date: Truth in Lending (Regulation Z)
- December 15, 2023: Effective Date: Consumer Leasing (Regulation M)
- December 15, 2023: Effective Date: Appraisals for Higher-Priced Mortgage Loans Exemption Threshold
- January 5, 2024: Effective Date: Home Mortgage Disclosure (Regulation C) Adjustment to Asset-Size Exemption Threshold
- January 5, 2024: Effective Date: Community Reinvestment Act Regulations Asset-Size Thresholds
- January 12, 2024: Effective Date: Community Reinvestment Act: Revision of Small and Intermediate Small Bank and Savings Association Asset Thresholds
- February 2, 2024: Effective Date: Notice of Annual Adjustment of the Cap on Average Total Assets That Defines Community Financial Institutions
- February 2, 2024: Effective Date: Notification of Inflation Adjustments for Civil Money Penalties
- February 2, 2024: Effective Date: Rules of Practice for Hearings
- February 2, 2024: Effective Date: Notice of Inflation Adjustments for Civil Money Penalties
- February 2, 2024: Effective Date: Securities Operations: Shortening the Standard Settlement Cycle
- February 2, 2024: Effective Date: Fair Credit Reporting; File Disclosure
- February 2, 2024: Effective Date: Fair Credit Reporting; Background Screening
- February 2, 2024: Effective Date: Financial Crimes Enforcement Network; Inflation Adjustment of Civil Monetary Penalties
- January 5, 2024: Effective Date: Beneficial Ownership Information Access and Safeguards
- April 12, 2024: Effective Date: FinCEN Publishes an Administrative Ruling Regarding Customer Identification Program and Customer Due Diligence Requirements for Designated Beneficiaries of Individual Retirement Accounts
- April 12, 2024: Effective Date: CFPB Circular 2024-02 Deceptive marketing practices about the speed or cost of sending a remittance transfer
- March 24, 2022: Effective Date: FDIC Final Rule Regarding Deposit Insurance Simplification
- November 10, 2023: Effective Date: Community Reinvestment Act
- December 15, 2023: Effective Date: Enterprise Regulatory Capital Framework-Commingled Securities, Multifamily Government Subsidy, Derivatives, and Other Enhancements
- December 15, 2023: Effective Date: Special Assessment Pursuant to Systemic Risk Determination
- January 5, 2024: Effective Date: FDIC Finalizes Rule to Modernize Official Signs and Advertising Statement Requirements for Insured Depository Institutions
- January 12, 2024: Effective Date: Rules of Practice and Procedure
- April 12, 2024: Effective Date: Community Reinvestment Act; Supplemental Rule
- April 26, 2024: Effective Date: Telemarketing Sales Rule
- January 5, 2024: Effective Date: Combating Auto Retail Scams Trade Regulation Rule
- December 13, 2022: Effective Date: HUD- Acceptance of Private Flood Insurance for FHA-Insured Mortgages