CFPB Debt Collection Rule Resource Guide

Section 1006.42 Sending required disclosures

(a) Sending required disclosures.
- (1) In general. A debt collector who sends disclosures required by the Act and this part in writing or electronically must do so in a manner that is reasonably expected to provide actual notice, and in a form that the consumer may keep and access later.
- (2) Exceptions. A debt collector need not comply with paragraph (a)(1) of this section when sending the disclosure required by § 1006.6(e) or § 1006.18(e) in writing or electronically, unless the disclosure is included on a notice required by § 1006.34(a)(1)(i) or § 1006.38(c) or (d)(2).
(b) Requirements for certain disclosures sent electronically. To comply with paragraph (a) of this section, a debt collector who sends the notice required by § 1006.34(a)(1)(i)(B), or the disclosures described in § 1006.38(c) or (d)(2)(i), electronically must do so in accordance with section 101(c) of the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) (15 U.S.C. 7001(c)).

[For more perspective on the application of the E-SIGN Act, provided by David Schultz of Hinshaw & Culbertson, please click here.]

[For more perspective on the application of the E-SIGN Act, provided by Loraine Lyons of Malone Frost Martin, please click here.]

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