More than four years have passed since the Bureau of Consumer Financial Protection issued an Advanced Notice of Proposed Rulemaking in November 2013 to consider a variety of rules governing debt collection, including electronic delivery of validation notices. Just weeks ago, the BCFP acknowledged in its semi annual report to Congress that it is still working toward a release of a proposed rule concerning debt collection, but it provided no new insights into its timeframe for doing so. And so without well-crafted, reasonable and workable debt collection rules from the BCFP clarifying the Fair Debt Collection Practices Act so that professional debt collectors can fulfill their vital role in the economy without the fear of opportunistic litigation, participants in the accounts receivable management industry have turned to the courts for guidance.
Most recently, the debt collection industry and government alike have turned their attention to the Seventh Circuit Court of Appeals to weigh in on the issue of whether and in what circumstances a debt collector may use email to communicate with consumers to satisfy the written-notice requirements of ยง 1692g(a).