CFPB interpretation of convenience fees under FCDPA is improper

The Consumer Financial Protection Bureau’s strict interpretation of “permitted by law” in the Fair Debt Collection Practices Act is improper, and will deprive consumers’ of important, cost-saving choices, CUNA and other organizations wrote in a brief filed Tuesday in the 9th U.S. Circuit Court of Appeals.

CUNA filed the brief in Thomas-Lawson v. Carrington Mortgage Services, a case involving convenience fees when making mortgage payments.

The CFPB filed a brief in October 2021 claiming the FCDPA’s “permitted by law” language bars debt collectors from collecting convenience fees unless explicitly authorized.

CUNA and the organizations provide background on consumers’ informed use of convenience fees and the constraints on the content of mortgage loan agreements.


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