Unknown. Consumer financial protection circular

4,092 words·~19 min read·/register/2022/09/20/2022-20324

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2022-09-20.xml --- 87 181 Tuesday, September 20, 2022 Contents Agriculture Agriculture Department See Farm Service Agency Consumer Financial Protection Bureau of Consumer Financial Protection RULES Circular 2022-05: Debt Collection and Consumer Reporting Practices Involving Invalid Nursing Home Debts, 57375-57377 2022-20324 Coast Guard Coast Guard RULES Safety Zone: Cumberland River, Nashville, TN, 57398-57400 2022-20290 NOTICES Certificate of Alternative Compliance:

GUNDERSON MARINE OIL SPILL RECOVERY BARGE (OSRB-5), HULL NO 129, 57501-57502 2022-20304 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 57486 2022-20482 2022-20483 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Guidance on Sound Incentive Compensation Policies, 57555-57556 2022-20302 Consumer Product Consumer Product Safety Commission RULES Safety Standard for Infant Swings, 57390-57394 2022-20246 NOTICES Settlement Agreement:

Clawfoot Supply, LLC, 57486-57489 2022-20292 Corporation Corporation for National and Community Service PROPOSED RULES Protection of Human Subjects, 57435-57447 2022-20223 Council Inspectors Council of the Inspectors General on Integrity and Efficiency NOTICES Performance Review Board Membership, 57489-57492 2022-20239 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ronald E. McNair Postbaccalaureate Achievement Program Annual Performance Report, 57492-57493 2022-20291 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Pennsylvania; Reasonably Available Control Technology Determinations for Hydro Carbide Tool Company's Case-by-Case Sources under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards, 57400-57403 2022-20107 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: New York; Particulate Matter Control Strategy, 57429-57432 2022-20243 Voluntary Consensus Standards Update: Formaldehyde Emission Standards for Composite Wood Products, 57432-57435 2022-20043 NOTICES Pesticide Product Registration:

Applications for New Active Ingredients (August 2022), 57494-57495 2022-20327 Revision of Approved State Primacy Program for the State of Arizona, 57493-57494 2022-20263 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Direct Loan Making; Direct Loan Servicing—Regular; Servicing Minor Program Loans, 57453-57454 2022-20250 In-Person and Online Registration for FSA-hosted Events and Conferences, 57452-57453 2022-20266 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:

Eastern United States, 57379 2022-20202 Airworthiness Directives: General Electric Company Turbofan Engines, 57377-57379 2022-20289 Prohibition against Certain Flights in the Baghdad Flight Information Region, 57384-57390 2022-20318 Prohibition against Certain Flights in the Tehran Flight Information Region, 57379-57384 2022-20316 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 57424-57429 2022-20206 2022-20309 The Boeing Company Airplanes, 57422-57424 2022-20320 Federal Communications Federal Communications Commission RULES Partition, Disaggregation, and Leasing of Spectrum, 57403-57421 2022-17520 PROPOSED RULES Partition, Disaggregation, and Leasing of Spectrum, 57447-57451 2022-17519 Federal Reserve Federal Reserve System NOTICES Change in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 57495-57496 2022-20331 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 57495 2022-20238 Fish Fish and Wildlife Service NOTICES Permits; Applications, Issuances, etc.: Endangered and Threatened Species; Marine Mammals, 57506 2022-20317 Marine Mammal Protection Act and Wild Bird Conservation Act, 57504-57505 2022-20303 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Equity Study on Remote Identity Proofing, 57496 2022-20249 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mine, Development, and Mineral Exploration Supplement, 57506-57507 2022-20313 Health and Human Health and Human Services Department See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings: National Vaccine Advisory Committee;

Correction, 57497 2022-20276 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection NOTICES Meetings: Faith-Based Security Advisory Council, 57504 2022-20197 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approval of Tribal-State Class III Gaming Compact in the State of Wisconsin, 57507 2022-20319 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Carbon Steel Butt-Weld Pipe Fittings from the People's Republic of China, 57456-57457 2022-20307 Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan, 57455-57456 2022-20305 Export Trade Certificate of Review, 57454-57455 2022-20334 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: 1,1,1,2-Tetrafluoroethane (R-134a) from China, 57517-57518 2022-20329 Aluminum Extrusions from China, 57518-57519 2022-20253 Phosphor Copper from South Korea, 57517 2022-20252 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers, 57519-57520 2022-20262 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Free Use Application and Permit for Vegetative or Mineral Materials, 57507-57508 2022-20315 Environmental Impact Statements; Availability, etc.: Proposed Ambler Mining District Industrial Access Road, Fairbanks, AK, 57509-57510 2022-20251 Recreational Target Shooting Closure on Public Lands:

Anderson Butte Area of Jackson County, OR, 57508-57509 2022-20278 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 57522 2022-20388 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 57498-57499 2022-20280 2022-20284 2022-20285 National Center for Complementary and Integrative Health, 57497 2022-20283 National Eye Institute, 57500-57501 2022-20287 National Institute of Biomedical Imaging and Bioengineering, 57500 2022-20286 National Institute of Diabetes and Digestive and Kidney Diseases, 57500 2022-20281 National Institute of General Medical Sciences, 57497-57498, 57501 2022-20236 2022-20237 2022-20242 National Institute on Aging, 57499-57500 2022-20282 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings:

Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 57479 2022-20258 Gulf of Mexico Fishery Management Council, 57457-57458, 57472-57473, 57479-57480 2022-20259 2022-20322 2022-20323 Takes of Marine Mammals Incidental to Specified Activities: Floating Dry Dock Project at Naval Base San Diego in San Diego, CA, 57473-57479 2022-20264 Naval Base San Diego Pier 6 Replacement Project, San Diego, CA, 57480-57486 2022-20265 Office of Naval Research's Arctic Research Activities in the Beaufort and Chukchi Seas (Year 5), 57458-57472 2022-20240 National Park National Park Service NOTICES Inventory Completion:

Beloit College, Logan Museum of Anthropology, Beloit, WI, 57512-57513 2022-20301 Department of Anthropology and Geography, Colorado State University, Fort Collins, CO, 57516-57517 2022-20296 Gordon L. Grosscup Museum of Anthropology, Wayne State University, Detroit, MI, 57513-57514 2022-20300 Nevada State Museum, Carson City, NV, 57514-57515 2022-20297 University of Tennessee, Department of Anthropology, Knoxville, TN, 57510-57512, 57515-57516 2022-20298 2022-20299 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Classification Record, 57522-57523 2022-20256 Registration Certificate: Use of Depleted Uranium under General License, 57523-57524 2022-20255 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: Process Safety Management; Stakeholder, 57520-57522 2022-20261 Whistleblower Stakeholder, 57520 2022-20260 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 57524-57525 2022-20330 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National POW/MIA Recognition Day (Proc. 10447), 57367-57368 2022-20449 EXECUTIVE ORDERS Defense and National Security: Foreign Investment in the U.S., Committee on; Efforts To Ensure Robust Consideration of Evolving National Security Risks (EO 14083), 57369-57374 2022-20450 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57525-57527 2022-20245 Securities Securities and Exchange Commission RULES Inflation Adjustments under Titles I and III of the JOBS Act, 57394-57398 2022-19867 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 57547-57548 2022-20254 Self-Regulatory Organizations; Proposed Rule Changes: MIAX PEARL, LLC, 57544-57548 2022-20269 2022-20274 Nasdaq GEMX, LLC, 57539-57541 2022-20275 Nasdaq ISE, LLC, 57548-57550 2022-20273 Nasdaq PHLX, LLC, 57527-57532 2022-20270 New York Stock Exchange, LLC, 57541-57544 2022-20267 NYSE American, LLC, 57532-57534 2022-20272 The Nasdaq Stock Market, LLC, 57534-57539 2022-20268 Small Business Small Business Administration NOTICES Disaster Declaration:

Mississippi, 57550-57551 2022-20308 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57551-57555 2022-20244 Substance Substance Abuse and Mental Health Services Administration NOTICES Funding Opportunity: Fiscal Year 2022; Supplemental, 57501 2022-20321 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Comptroller of the Currency NOTICES Ensuring Responsible Development of Digital Assets, 57556-57558 2022-20279 Request for Information:

State Small Business Credit Initiative Technical Assistance Funds, 57558-57559 2022-20326 Customs U.S. Customs and Border Protection NOTICES Quarterly Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Custom Duties, 57502-57504 2022-20277 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 87 181 Tuesday, September 20, 2022 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Chapter X Consumer Financial Protection Circular 2022-05:

Debt Collection and Consumer Reporting Practices Involving Invalid Nursing Home Debts AGENCY: Bureau of Consumer Financial Protection. ACTION: Consumer financial protection circular. SUMMARY: The Consumer Financial Protection Bureau (Bureau or CFPB) has issued Consumer Financial Protection Circular 2022-05, titled, “Debt collection and consumer reporting practices involving invalid nursing home debts.” In this circular, the Bureau responds to the question, “Can debt collection and consumer reporting practices relating to nursing home debts that are invalid under the Nursing Home Reform Act violate the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA)?” DATES:

The Bureau released this circular on its website on September 8, 2022. ADDRESSES: Enforcers, and the broader public, can provide feedback and comments to *Circulars@cfpb.gov.* FOR FURTHER INFORMATION CONTACT: Colin Reardon or Joshua Johnson, Senior Counsels, Office of Law & Policy, at

(202)435-7700. If you require this document in an alternative electronic format, please contact *CFPB_Accessibility@cfpb.gov.* SUPPLEMENTARY INFORMATION: Question Presented Can debt collection and consumer reporting practices relating to nursing home debts that are invalid under the Nursing Home Reform Act violate the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA)? Response Yes. Under the Nursing Home Reform Act, a nursing facility may not condition a resident's admission or continued stay on receiving a guarantee of payment from a third party, such as a relative or friend. Contractual provisions that violate that prohibition are illegal and unenforceable. As detailed in this Circular, certain practices related to the collection of nursing home debts that are invalid under the Nursing Home Reform Act and its implementing regulation violate the FDCPA and FCRA. Background on the Nursing Home Reform Act Enacted in 1987, the Nursing Home Reform Act establishes a comprehensive set of requirements that protect the health, safety, welfare, and rights of residents of nursing facilities that participate in Medicaid and Medicare. 1 The Centers for Medicare & Medicaid Services (“CMS”) and the Department of Health and Human Services (“HHS”) have issued rules implementing the Nursing Home Reform Act. 2 State agencies are responsible for surveying nursing facilities for compliance with the Nursing Home Reform Act's requirements concerning admissions agreements, and HHS and CMS are responsible for the enforcement of those requirements. 3 1 *See* Public Law 100-203, tit. IV, subtit. C, 101 Stat. 1330 (1987). The Nursing Home Reform Act imposes requirements for nursing facilities that participate in Medicaid, *see* 42 U.S.C. 1396r, and for skilled nursing facilities that participate in Medicare, *see* 42 U.S.C. 1395i-3. For simplicity, and because the distinction is not relevant to the Bureau's analysis, this *Circular* refers to both nursing facilities and skilled nursing facilities as “nursing facilities.” 2 *See* 42 CFR 483.1 *et seq.* 3 *See* 42 U.S.C. 1395i-3(f)(1), (g)(1)(A), (h); 42 U.S.C. 1396r(f)(1), (g)(1)(A), (h). Among other protections, the Nursing Home Reform Act and its implementing regulation prohibit a nursing facility that participates in Medicaid or Medicare from requesting or requiring a third-party guarantee of payment as a condition of admission, expedited admission, or continued stay in the facility. 4 As HHS has explained, this prohibition prevents a nursing facility “from requiring a person other than the resident to assume personal responsibility for any cost of the resident's care.” 5 The prohibition applies to all residents and prospective residents of a nursing facility, regardless of whether they are eligible for Medicare or Medicaid. 6 The Nursing Home Reform Act further provides that a nursing facility may require a resident's representative who has legal access to a resident's available income or resources to sign a contract to provide the facility payment from the resident's income or resources, so long as the representative does not incur personal financial liability. 7 4 42 U.S.C. 1395i-3(c)(5)(A)(ii), 1396r(c)(5)(A)(ii); 42 CFR 483.1(b), 483.15(a)(3). 5 56 FR 48826, 48841 (Sept. 26, 1991). 6 *See id.; see also* Centers for Medicare & Medicaid Services, State Operations Manual, Appendix PP, Guidance to § 483.15(a)(3) (Nov. 22, 2017), *available at https://www.cms.gov/files/document/appendix-pp-guidance-surveyor-long-term-care-facilities.pdf.* 7 42 U.S.C. 1395i-3(c)(5)(B)(ii), 1396r(c)(5)(B)(ii); *see also* 42 CFR 483.15(a)(3). Through these provisions, Congress sought to prohibit nursing facilities “from requiring a person, such as a relative, to accept responsibility for the charges incurred by a resident, unless that person is authorized by law to disburse the income or assets of the resident.” 8 A nursing facility's admissions agreement may not contain terms that conflict with the Nursing Home Reform Act and its implementing regulation, 9 and courts have recognized that contract terms that conflict with the Nursing Home Reform Act and its implementing regulation are unenforceable. 10 8 56 FR 48826, 48841 (Sept. 26, 1991). 9 42 CFR 483.10(g)(18)(v). 10 *See, e.g., Manor of Lake City, Inc.* v. *Hinners,* 548 NW2d 573, 576 (Iowa 1996); *Village at the Greene* v. *Smith,* 2020-Ohio-4088, ¶ 25 (Ohio Ct. App. 2020); *Knight* v. *John Knox Manor, Inc.,* 92 So. 3d 111, 120 (Ala. Civ. App. 2012). Some States have adopted State law analogues of the Nursing Home Reform Act that prohibit nursing facilities from requiring third-party guarantees, and admissions agreements can also be unenforceable if they violate those State law prohibitions. 11 11 *See, e.g.,* Ala. Admin. Code r. 560-X-10-.02(9); 410 Ind. Admin. Code 16.2-3.1-16(b); *see also* DC Mun. Regs. tit. 22, § B3200.1 (incorporating requirements of Federal regulations implementing Nursing Home Reform Act). Violations of the FDCPA and FCRA While the CFPB does not enforce compliance with the Nursing Home Reform Act and is generally not responsible for overseeing the activities of nursing facilities, the CFPB is responsible for issuing rules regarding and enforcing compliance with the FDCPA and FCRA. 12 The FDCPA and FCRA can also be enforced by other Federal government agencies and States, 13 and through private actions brought by consumers. 14 The CFPB is issuing this Circular to emphasize that certain practices involving the collection of nursing home debts can violate the FDCPA and FCRA. 15 12 *See, e.g.,* 12 U.S.C. 5481(12)(F), (H), 5512(b), 5514(c); 15 U.S.C. 1681s(b)(1)(H),

(e)(FCRA); 15 U.S.C. 1692 *l* (b)(6),

(d)(FDCPA). 13 15 U.S.C. 1681s (FCRA); 15 U.S.C. 1692 *l* (FDCPA). States can directly bring actions under FCRA, *see* 12 U.S.C. 1681s(c), and can also bring actions under the Consumer Financial Protection Act

(CFPA)against “covered persons” and “service providers” based upon violations of Federal consumer financial laws, including the FDCPA and FCRA, *see* Authority of States to Enforce the Consumer Financial Protection Act of 2010, 87 FR 31940 (May 26, 2022). 14 15 U.S.C. 1681n, 1681 *o* (FCRA); 15 U.S.C. 1692k (FDCPA). 15 The Bureau notes that practices involving the collection of invalid nursing home debts may violate other laws not discussed in this *Circular.* For example, the collection of invalid nursing home debt may violate State law analogues of the FDCPA and State laws prohibiting unfair, deceptive, or abusive acts or practices. In addition, to the extent that persons collecting nursing home debts are “covered persons” or “service providers” under the CFPA, *see* 12 U.S.C. 5481(6), (15)(A)(i), (iv), (x), (26), the collection of invalid nursing home debts would typically violate the CFPA's prohibition on engaging in any unfair, deceptive, or abusive act or practice. 12 U.S.C. 5531(a), 5536(a)(1)(B); *see also CFPB* v. *CashCall, Inc.,* 35 F.4th 734, 746 (9th Cir. 2022) (affirming ruling that defendant “engaged in a deceptive practice by collecting payments on loans that were invalid”). Furthermore, actions taken with respect to nursing home debts may violate other provisions of the FDCPA and FCRA not specifically addressed in this *Circular.* Nursing facilities and their third-party debt collectors at times seek to collect residents' debts from relatives and other third parties when the resident cannot afford to pay. The nursing facilities reportedly collect unpaid balances, often after the resident's discharge or death, directly from third parties. If the third-party refuses to pay the arrears, some nursing facilities hire debt collectors to demand payment, report the debt to consumer reporting companies as the third party's personal debt, and sue the third party in court. An amount that is owed or allegedly owed for nursing facility services is a “debt” under the FDCPA because it arises out of a consumer transaction. 16 When a nursing facility claims that a resident's bill has not been paid, it may engage a third-party debt collector subject to the FDCPA and Regulation F to collect the resident's debt, 17 including when the facility claims that a third party is personally financially responsible for the debt. Among other things, the FDCPA and Regulation F prohibit the use of “any false, deceptive, or misleading representation or means in connection with the collection of any debt.” 18 That prohibition includes, for example, using a false representation of the “character, amount, or legal status of any debt”; a “threat to take any action that cannot legally be taken or that is not intended to be taken”; and “any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.” 19 16 *See* 15 U.S.C. 1692a(5) (defining “debt” as “any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment”); *see also Eades* v. *Kennedy, PC Law Offices,* 799 F.3d 161, 170 (2d Cir. 2015). 17 15 U.S.C. 1692a(6) (defining “debt collector”); 12 CFR 1006.2(i) (same). 18 15 U.S.C. 1692e; 12 CFR 1006.18(a). 19 15 U.S.C. 1692e(2), (5), (10); *accord* 12 CFR 1006.18(b)(2)(i), (c)(1), (d). The prohibition on misrepresentations includes misrepresenting that a consumer must pay a debt that arises from a contract provision that is illegal and unenforceable under Federal or State law. Thus, a debt collector, including a law firm in litigation, 20 that represents that a third party must personally pay a nursing facility resident's debt may violate the prohibition on misrepresentations where the debt is invalid under the Nursing Home Reform Act, its implementing regulation, or one of its State law analogues. 21 20 Attorneys who regularly engage in collecting consumer debts, including through litigation, are “debt collectors” under the FDCPA. *See Heintz* v. *Jenkins,* 514 U.S. 291 (1995). 21 Some nursing facilities may claim that family members are responsible for residents' costs under State filial support or necessaries statutes. *See* Katherine C. Pearson, *Filial Support Laws in the Modern Era: Domestic and International Comparison of Enforcement Practices for Laws Requiring Adult Children to Support Indigent Parents,* 20 Elder L.J. 269 (2013), *https://elibrary.law.psu.edu/cgi/viewcontent.cgi?article=1034&context=fac_works.* This *Circular* does not address such claims made under State law. The CFPB is also aware that debt collectors sometimes claim that a third party, such as a relative of the resident, is personally liable for the resident's debt because the third party engaged in financial wrongdoing in relation to the resident's resources. In some cases, debt collectors make such allegations in debt collection lawsuits without having any factual basis for the allegations, and the allegations prove to be false. A debt collector may violate the FDCPA's prohibition on misrepresentations by making a false, baseless allegation in a lawsuit that a third party engaged in financial wrongdoing as a means to hold them personally liable for a resident's debts. 22 22 Attorneys collecting debts on behalf of nursing facilities may also independently violate the FDCPA's prohibition on misrepresentations if their law firm alleges that a third party owes the debt in pleadings or other communications that the firm's attorneys were not “meaningfully involved” in preparing. *Nielsen* v. *Dickerson,* 307 F.3d 623, 635 (7th Cir. 2002); *see also Miller* v. *Wolpoff & Abramson, L.L.P.,* 321 F.3d 292, 300-07 (2d Cir. 2003); *CFPB* v. *Frederick J. Hanna & Assocs.,* 114 F. Supp. 3d 1342, 1362-69 (N.D. Ga. 2015). The FCRA and its implementing Regulation V impose obligations on consumer reporting companies and on debt collectors who furnish information to consumer reporting companies, including obligations relating to the accuracy of information in consumer reports. For example, a furnisher must “establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnishes to a consumer reporting agency.” 23 Furnishers must also investigate consumer disputes concerning the accuracy of the information furnished, 24 and are prohibited from furnishing inaccurate information to any consumer reporting company after receiving notice from a consumer that particular information is inaccurate. 25 In addition, consumer reporting companies “shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates” 26 and must investigate consumer disputes. 27 23 12 CFR 1022.42(a). 24 15 U.S.C. 1681s-2(a)(8), (b); 12 CFR 1022.43(a). 25 15 U.S.C. 1681s-2(a)(1)(B). The consumer must send the notice to the address specified by the furnisher for such notices. *Id.* If the furnisher has not specified such an address, then the furnisher is subject to FCRA's general prohibition against “furnish[ing] any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.” 15 U.S.C. 1681s-2(a)(1)(A). 26 15 U.S.C. 1681e(b). 27 15 U.S.C. 1681i. It is inaccurate to report that a consumer owes a debt when the debt is based on an illegal contract term. Thus, a debt collector who furnishes information about nursing home debts, or a consumer reporting company that includes such information in a consumer report, may violate FCRA and Regulation V if those debts are invalid and unenforceable under the Nursing Home Reform Act, its implementing regulation, or one of its State law analogues. A furnisher or consumer reporting company also violates FCRA or Regulation V if it fails to meet its dispute obligations with respect to information related to such debts. About Consumer Financial Protection Circulars *Consumer Financial Protection Circulars* are issued to all parties with authority to enforce Federal consumer financial law. The CFPB is the principal Federal regulator responsible for administering Federal consumer financial law, *see* 12 U.S.C. 5511, including the Consumer Financial Protection Act's prohibition on unfair, deceptive, and abusive acts or practices, 12 U.S.C. 5536(a)(1)(B), and 18 other “enumerated consumer laws,” 12 U.S.C. 5481(12). However, these laws are also enforced by State attorneys general and State regulators, 12 U.S.C. 5552, and prudential regulators including the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the National Credit Union Administration. *See, e.g.,* 12 U.S.C. 5516(d), 5581(c)(2) (exclusive enforcement authority for banks and credit unions with $10 billion or less in assets). Some Federal consumer financial laws are also enforceable by other Federal agencies, including the Department of Justice and the Federal Trade Commission, the Farm Credit Administration, the Department of Transportation, and the Department of Agriculture. In addition, some of these laws provide for private enforcement. *Consumer Financial Protection Circulars* are intended to promote consistency in approach across the various enforcement agencies and parties, pursuant to the CFPB's statutory objective to ensure Federal consumer financial law is enforced consistently. 12 U.S.C. 5511(b)(4). *Consumer Financial Protection Circulars* are also intended to provide transparency to partner agencies regarding the CFPB's intended approach when cooperating in enforcement actions. *See, e.g.,* 12 U.S.C. 5552(b) (consultation with CFPB by State attorneys general and regulators); 12 U.S.C. 5562(a) (joint investigatory work between CFPB and other agencies). *Consumer Financial Protection Circulars* are general statements of policy under the Administrative Procedure Act. 5 U.S.C. 553(b). They provide background information about applicable law, articulate considerations relevant to the Bureau's exercise of its authorities, and, in the interest of maintaining consistency, advise other parties with authority to enforce Federal consumer financial law. They do not restrict the Bureau's exercise of its authorities, impose any legal requirements on external parties, or create or confer any rights on external parties that could be enforceable in any administrative or civil proceeding. The CFPB Director is instructing CFPB staff as described herein, and the CFPB will then make final decisions on individual matters based on an assessment of the factual record, applicable law, and factors relevant to prosecutorial discretion. Rohit Chopra, Director, Consumer Financial Protection Bureau. [FR Doc. 2022-20324 Filed 9-19-22; 8:45 am]

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