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Debt Collection Document Retention and Privacy Compliance Requirements

OnDemand Webinar (63 minutes)

Gain a better understanding of the consumer privacy protections of the FDCPA and those found in similar statutes.Many communications technologies (emails, text messages, web portals are just several examples) did not exist when the Federal Debt Collection Practices Act (FDCPA) was enacted in 1977. Both consumers and debt collectors may prefer the efficiency, convenience, control, and privacy of these technologies. However, it is not clear how the FDCPA applies when these technologies are used in debt collection. The Bureau of Consumer Financial Protection (CPFB) has proposed a Debt Collection Practices Rule (Proposed Rule) to clarify the application of the FDCPA to newer communications technologies, and has included proposed record retention requirements applicable to debt collectors. This topic will highlight the consumer privacy protections of the FDCPA and those found in similar statutes (e.g. the TCPA), and explain the importance of a record retention program in an organization. Regarding the Proposed Rule, this information will explain the new technologies addressed by the Proposed Rule, and how the CPFB proposes to apply the FDCPA to communications made using these technologies. It will help you understand what the Proposed Rule will require regarding record retention, and how to prepare your own records retention program to comply with the Proposed Rule.


John J. (Jack) Pringle, Jr., Adams and Reese LLP


Overview of FDCPA, Consumer Privacy, and Record Retention

• The FDCPA and Its Requirements

• Consumer Privacy Protections

• Record Retention- Why It's Important

Communication Technologies, the Proposed Rule, and Consumer Privacy

• Communications, Attempts to Communicate, and Limited-Consent Messages

• Restrictions on Use of Certain Media

• Safe Harbor and Opt-Outs

Record Retention Requirements Under the Proposed Rule

• Types of Records to Be Maintained

• Retention Period and Calculating the Retention Period

• Form in Which Records Must Be Maintained