CFPB Rule Declares Tenants Can Hold Debt Collectors Accountable For Illegal Evictions – NMP Skip to main content

CFPB Rule Declares Tenants Can Hold Debt Collectors Accountable For Illegal Evictions

Apr 20, 2021
CFPB Logo

The Consumer Protection Financial Bureau issued an interim rule that holds debt collectors accountable for evicting tenants who may be protected under the Center for Disease Control (CDC) eviction moratorium. Debt collectors must provide a written notice to inform tenants of their rights under the eviction moratorium, preventing debt collectors from misrepresenting their tenant’s eligibility for protection.

Debt collectors who evict eligible tenants are thereby violating the Fair Debt Collection Practices Act (FDCPA) and may be prosecuted by federal agencies or be subject to private lawsuit by tenants. The notice must be in writing, as phone calls or text messages are not sufficient. This prohibition generally applies to agents or an attorney acting as a debt collector on behalf of a landlord or owner of the residential property.

Thousands of renters are being evicted without being told of their rights under the CDC, and 9 million people are currently behind on their rental payment, a press release states. In a normal year, there are only 900,000 evictions nationwide. In 2020, over 27% of households with annual income under $25,000 were behind on their rent.

The CDC warns that if tenants are evicted, they may end up homeless or in crowded living spaces where they’re vulnerable to contracting COVID-19. CFPB research shows that COVID-19 infection rates were higher when the eviction moratorium was removed. Black and Hispanic households also face a disparate impact from tenant evictions as well, since they are twice as likely to be tenants or behind on rental payments.

There are certain states and localities that enforce their own eviction moratorium, so debt collectors may be responsible for providing notice of these moratoria. In addition, Congress has also created the  Emergency Rental Assistance Program to help tenants catch up on missed payments and avoid eviction.

Published
Apr 20, 2021
Fannie Changes How Rent From A Former Home Counts

Fannie now prohibits leases for departing residences and permits market-analysis tools instead of Form 1007, creating a key documentation difference from Freddie Mac

MPF Expands Eligibility For Manufactured And Renovation Loans

The Mortgage Partnership Finance Program has expanded MPF Traditional eligibility for affordable loans, manufactured homes, renovations, and lender-funded assistance

Sep 22, 2026
Fed Hike Raises HELOC Costs While Mortgage Rates Stay Near 7%

Prime rose to 7% while the 10-year Treasury remained near 5%, giving originators two different borrower conversations

Sep 17, 2026
Rocket Raises Conforming Loan Limit To $845K Ahead Of FHFA

The higher limit gives brokers more room to keep borrowers from crossing into jumbo territory

Sep 10, 2026
Rocket Pro Launches ‘Moving Squad’ To Recruit Brokers From UWM

Rocket is offering partners up to $10,000 to help bring UWM brokers onto its platform

Sep 01, 2026
NEXA, UMortgage Leaders Explain What Drove Acquisition

Kortas relinquishes the CEO title, elevating Casa to co-equal "executive partner"

Aug 31, 2026