Skip to main content
OCC Flag

An official website of the United States government

OCC Bulletin 2022-26 | December 15, 2022

Fair Debt Collection Practices Act: Revised Interagency Examination Procedures and Rescissions

To

Chief Executive Officers of All National Banks, Federal Savings Associations, and Federal Branches and Agencies; Department and Division Heads; All Examining Personnel; and Other Interested Parties

Summary

The Federal Financial Institutions Examination Council’s (FFIEC) Task Force on Consumer Compliance today adopted the revised examination procedures for the Fair Debt Collection Practices Act (FDCPA) and its implementing regulation, Regulation F. The revised interagency examination procedures incorporate the Consumer Financial Protection Bureau’s 2020 and 2021 Fair Debt Collection Final Rules1 that went into effect on November 30, 2021.

Rescission

The Office of the Comptroller of the Currency (OCC) is rescinding the “Fair Debt Collection Practices Act” section of the “Other Consumer Protection Laws and Regulations” booklet of the Comptroller's Handbook. OCC examiners will rely on the interagency procedures.

Note for Community Banks

This bulletin applies to community banks.2

Highlights

The revised interagency examination procedures address

  • determinations of whether a bank is a debt collector under the FDCPA and Regulation F.
  • prohibitions on certain communications with consumers in connection with debt collection.
  • requirements for a reasonable and simple method that consumers can use to opt out of additional communications and attempts to communicate.
  • prohibited practices of a debt collector to not harass, oppress, or abuse any person in connection with the collection of a debt.

Further Information

Please contact Candace B. Matzenauer, Director for Consumer Compliance Policy, at (202) 649-5470.

 

Grovetta N. Gardineer
Senior Deputy Comptroller for Bank Supervision Policy

Related Link

1 Refer to 85 Fed. Reg. 76734 (November 30, 2020) and 86 Fed. Reg. 5766 (January 19, 2021).

2 “Banks” refers collectively to national banks, federal savings associations, covered savings associations, and federal branches and agencies of foreign banking organizations.

Topic(s):