The CFPB issued an interim final rule that is effective May 3, 2021 to address certain debt collector conduct associated with an eviction moratorium issued by the CDC. The rule provides that debt collectors, as defined in the FDCPA, are required to provide written notice to certain consumers of their protections under the CDC Order’s eviction moratorium. Also, debt collectors may not falsely represent or imply to a consumer that the consumer is ineligible for temporary protection from eviction under the CDC Order. A failure to provide the required notice to tenants is a violation of the FDCPA. The CFPB noted that some states issued their own eviction moratorium and debt collectors may be required to provide notices of these as well.
Whether or not the collection of rent is debt collection under the FDCPA or Rosenthal Act is not settled. For example, we have posted about previous cases which hold collecting rent is not debt collection.