Emergency Clearance Request memo for Debt Collection Practices in Connection with the Global COVID-19 Pandemic (Regulation F)) Interim Final Rule

Bureau of Consumer Financial Protection
1700 G Street NW
Washington, D.C. 20552

April 19, 2021

Lindsay Abate
Desk Officer for the Consumer Financial Protection Bureau
Office of Information and Regulatory Affairs
Office of Management and Budget, Room 10102
New Executive Office Building
Washington, D.C. 20503
Dear Ms. Abate,
Pursuant to Office of Management and Budget (OMB) procedures established for the Paperwork
Reduction Act at 5 Code of Federal Regulations (CFR) Part 1320, I request that the information
collection contained within the Interim Final Rule titled “Debt Collection Practices in
Connection with the Global COVID-19 Pandemic (Regulation F)” be processed as an Emergency
Clearance Request in accordance with 5 CFR Part 1320.13.
I have determined that this information must be collected prior to the timelines established
under 44 United States Code Chapter 35 (and 5 CFR Part 1320). This information collection is
essential to the Bureau’s mission to prevent public harm as it relates to the COVID-19 pandemic.
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. 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 the
CDC Order’s eviction moratorium that consumers who interact with these debt collectors may
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not be aware of their protections under the CDC Order. 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 as soon as possible.
The Bureau respectfully requests OMB approval of this information collection request by May
3rd, which is also the effective date of this rule.
Sincerely,

David Uejio
Acting Director

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