On October 17, the Bureau of Consumer Financial Protection issued its Fall Rulemaking Agenda. The CFPB releases regulatory agendas twice a year in conjunction with a broader initiative led by the Office of Management and Budget to publish a Unified Agenda of Regulatory and Deregulatory actions across all agencies of the federal government.
Of particular note, by March 2019, the CFPB plans to formulate a Notice of Proposed Rulemaking addressing the applicability of the Fair Debt Collection Practices Act to modern debt collection practices. The CFPB plans to address issues such as communication practices and consumer disclosures, which continue to be leading sources of complaints.
Under interim leadership of Acting Director Mick Mulvaney, the CFPB’s forthcoming regulatory priorities include meeting specific statutory responsibilities, continuing selected rulemakings that were underway, and reconsidering two regulations issued under the prior leadership (the Home Mortgage Disclosure Act and rule for payday, vehicle title, and certain high-cost installment loans). A prior blog post further addressing the Fall 2018 rulemaking agenda can be found here.
Troutman Sanders will continue to monitor important developments involving the CFPB and the FDCPA and will provide further updates as they are available.