Reg F § 1006.2(j) — The limited-content message (LCM)

Authority

12 CFR 1006.2(j) (Regulation F definition), with Official Interpretations at Supplement I to Part 1006, comments 2(j)-1 through 2(j)(2)-2; CFPB. Current text effective November 30, 2021 (85 FR 76887, as amended at 86 FR 5853, Jan. 19, 2021; eCFR versioner shows no amendment since).

Operative text

The definition — voicemail only

(j) Limited-content message means a voicemail message for a consumer that includes all of the content described in paragraph (j)(1) of this section, that may include any of the content described in paragraph (j)(2) of this section, and that includes no other content. — 12 CFR 1006.2(j)

Required content — § 1006.2(j)(1)

(1) Required content. A limited-content message is a voicemail message for a consumer that includes:

(i) A business name for the debt collector that does not indicate that the debt collector is in the debt collection business;

(ii) A request that the consumer reply to the message;

(iii) The name or names of one or more natural persons whom the consumer can contact to reply to the debt collector; and

(iv) A telephone number or numbers that the consumer can use to reply to the debt collector. — 12 CFR 1006.2(j)(1)

Optional content — § 1006.2(j)(2)

(2) Optional content. In addition to the content described in paragraph (j)(1) of this section, a limited-content message may include one or more of the following:

(i) A salutation;

(ii) The date and time of the message;

(iii) Suggested dates and times for the consumer to reply to the message; and

(iv) A statement that if the consumer replies, the consumer may speak to any of the company's representatives or associates. — 12 CFR 1006.2(j)(2)

Why an LCM is not a "communication" — the surrounding definitions

(d) Communicate or communication means the conveying of information regarding a debt directly or indirectly to any person through any medium. — 12 CFR 1006.2(d)

(b) Attempt to communicate means any act to initiate a communication or other contact about a debt with any person through any medium, including by soliciting a response from such person. An attempt to communicate includes leaving a limited-content message, as defined in paragraph (j) of this section. — 12 CFR 1006.2(b)

Official commentary (Supplement I to Part 1006)

Any deviation destroys LCM status:

1. In general. Section 1006.2(j) provides that a limited-content message is a voicemail message for a consumer that includes all of the content described in § 1006.2(j)(1), that may include any of the content described in § 1006.2(j)(2), and that includes no other content. Any other message is not a limited-content message. If a voicemail message includes content other than the specific items described in § 1006.2(j)(1) and (2), and such other content directly or indirectly conveys any information about a debt, the message is a communication, as defined in § 1006.2(d). For example, a voicemail message that includes a statement that the message is from a debt collector and a request to speak to a particular consumer is not a limited-content message because it includes more than the required or permitted content. — Supplement I to Part 1006, comment 2(j)-1

Must be for the consumer, not a known third party:

2. Message for a consumer. Section 1006.2(j) provides, in part, that a limited-content message is a voicemail message for a consumer. A message knowingly left for a third party is not a limited-content message because it is not for a consumer. — Supplement I to Part 1006, comment 2(j)-2 (first two sentences)

No caller-ID/identity violation:

3. Meaningful disclosure of identity. A debt collector who leaves only a limited-content message for a consumer does not violate § 1006.14(g)'s requirement to meaningfully disclose the caller's identity with respect to that voicemail message. — Supplement I to Part 1006, comment 2(j)-3

CFPB model scripts:

1. Example. The following example illustrates a limited-content message that includes only the content described in § 1006.2(j)(1): "This is Robin Smith calling from ABC Inc. Please contact me or Jim Johnson at 1-800-555-1212." — Supplement I to Part 1006, comment 2(j)(1)-1

2. Example. The following example illustrates a limited-content message that includes the content described in both § 1006.2(j)(1) and (2): "Hi, this is Robin Smith calling from ABC Inc. It is 4:15 p.m. on Wednesday, September 1. Please contact me or any of our representatives at 1-800-555-1212 today until 6:00 p.m. Eastern time, or any weekday from 8:00 a.m. to 6:00 p.m. Eastern time." — Supplement I to Part 1006, comment 2(j)(2)-2

Plain English

Interpretation — if this conflicts with the quotes above, the quotes win.

The LCM is Reg F's answer to the classic voicemail Catch-22: FDCPA § 807(11)/§ 806(6) push collectors to identify themselves, while § 805(b) makes disclosing the debt to a third party who overhears the voicemail a violation. The LCM threads it: a message that conveys no information about a debt is, by definition, not a "communication" (§ 1006.2(d)), so even if a roommate hears it there is no third-party disclosure under § 1006.6(d)(1). It is instead an "attempt to communicate" (§ 1006.2(b)).

The recipe is strict — all four required items, at most the four optional items, and nothing else:

• Required: non-collection-revealing business name; request to reply; name(s) of natural person(s) to contact; callback number(s).
• Optional: salutation; date/time of message; suggested reply times; "any representative can help you" statement.

One extra word about the debt (or even "this is a debt collector") and it's a communication — which then triggers the § 1006.6(d) third-party analysis, the mini-Miranda, etc.

Voicemail only — verified. The definition's text says "a voicemail message," and comment 2(j)-1 repeats it. The CFPB's proposed rule would have allowed LCMs by live call and text as well; the final rule narrowed it to voicemail. There is no such thing as a "limited-content text message" or a live-call LCM under the final rule — a text with the same content is simply an attempt to communicate with no LCM protection.

Traps / edge cases

• All-or-nothing. Comment 2(j)-1: any content beyond (j)(1)+(j)(2) that directly or indirectly conveys info about a debt makes the message a communication. Even "calling from XYZ Collections" fails (j)(1)(i) — the business name must not reveal the collection business.
• Detail creep in the optional statement: "credit card receivables group" fails — comment 2(j)(2)-1 allows only the bare "representatives or associates" formulation.
• Knowingly leaving it on a third party's voicemail ≠ LCM (comment 2(j)-2) — e.g. a number known to belong to the consumer's friend.
• An LCM still counts everywhere "attempt to communicate" counts: the 8am–9pm / inconvenient time-place rule (§ 1006.6(b)(1)), the post-cease-communication bar (§ 1006.6(c)), the medium opt-out (§ 1006.14(h)) — and it counts as a placed call toward the 7-in-7 frequencies (ringless voicemail included; Supplement I comment 14(b)-1).
• Frequency allocation: because an LCM names no debt, it counts toward "at least one particular debt" and the collector may allocate it (comment 14(b)(4)-2.ii).
• No § 1006.14(g) identity violation for an LCM-only voicemail (comment 2(j)-3) — the safe harbor covers the meaningful-disclosure rule too.
• State law is not preempted into safety: some states' third-party-disclosure or communication definitions differ; check the state page before relying on LCMs there.

Related

• overview.md
• communications-opt-outs.md — LCMs are "attempts," so §1006.6(b)/(c) still apply
• call-frequency.md — LCM/ringless VM counts toward 7-in-7
• ../fdcpa/communications.md — § 805(b) third-party disclosure backdrop
• ../cfpb-guidance/debt-collection-faqs.md