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CFPB says contact lenders early to avoid debt relief traps

By Darren Ryding ·
CFPB says contact lenders early to avoid debt relief traps

A credit card payment becomes late after the due date and any grace period expires, and from that point fees, collection activity, and credit reporting can narrow your options. The Consumer Financial Protection Bureau urges borrowers who are struggling to start with their credit card company and to reach out before a missed payment gives up negotiating leverage.

Why timing changes your options

The day before delinquency offers different options from the day after it. Once a payment is late, you can face fees, collection activity, and credit reporting that narrow your choices and can make settlement more expensive. Debt generally does not disappear until it is paid, although state laws can limit how long creditors or collectors can sue to collect it.

The advice centers on timing, not just on which program to use. A borrower who acts before the account is late may still be able to work directly with the card issuer, while someone who waits until collection has started is more likely to be dealing with a collector, a fee stack, and a damaged credit record all at once.

Start with the credit card company

If the debt is still with the card issuer, the CFPB advises starting there. Consumers who are having trouble with credit card debt should contact their credit card company, and people who are at risk of missing payments should reach out before they miss one.

That early call matters because lenders often have more flexibility before an account turns delinquent. A borrower may be able to ask about hardship options, temporary payment reductions, fee waivers, or other repayment arrangements without first going through collection escalation. Once the account is late, the conversation usually becomes more constrained and the lender’s willingness to restructure can narrow.

If the debt has already gone to collections

When the account has moved to a debt collector, slow the process down and make the numbers work before agreeing to anything. Confirm that you owe the debt, calculate a realistic payment plan, and then make a repayment proposal to the collector.

AI-generated illustration
AI-generated illustration

Collection pressure can push borrowers into agreements that are too aggressive. A realistic proposal is more likely to be sustainable than a rushed promise that breaks down after a month or two. The goal is to keep the settlement tied to what you can actually pay, rather than what sounds best in the moment.

Debt settlement companies are not the same as lender help

The CFPB warns that debt relief or settlement companies often say they can renegotiate, settle, or otherwise change the terms of a person’s debt, but dealing with them can be risky. These services are not the same thing as contacting your lender directly, and they do not remove the consequences of missed payments.

If a borrower pays a third party to “work” on the debt while the account continues to age, the result can be higher fees, deeper credit damage, and less room to negotiate with the actual creditor or collector.

What changes once a payment is late

Once a payment is late, costs can begin to compound, because a late account can trigger fee assessments and set off collection procedures that would not exist if the borrower had called earlier.

The CFPB’s late-fee rule reduced the typical credit card late fee from $32 to $8, and the bureau said excessive late fees cost American families more than $14 billion a year. The bureau estimated the rule could save more than $10 billion annually once fully implemented.

The collection rules behind the scenes

Consumer Financial Protection Bureau — Wikimedia Commons
G. Edward Johnson via Wikimedia Commons (CC BY 4.0)

The CFPB’s Debt Collection Rule became effective on November 30, 2021, clarifying how collectors may communicate with consumers and what information they must provide. For borrowers, that means the rules around contact are more defined than they once were, but the existence of those rules does not make collections go away.

Debt usually does not expire simply because time has passed. Even when state law limits how long a collector can sue, the balance still exists until it is paid or otherwise resolved.

What the CFPB’s data show about debt relief behavior

The CFPB has also studied how consumers use debt relief options for unsecured debt. In its archived reporting on debt settlements and credit counseling, the bureau examined trends with its Consumer Credit Panel, a nationally representative sample of about five million de-identified credit records.

A practical decision tree

If you are deciding what to do, the CFPB guidance points to a simple order of operations:

  1. If the payment is still not late, contact the credit card company immediately.
  2. If you think you may miss the next payment, call the lender before the due date passes.
  3. If the debt has gone to collections, confirm the debt, build a realistic payment plan, and make a repayment proposal.
  4. If a debt relief company is pitching a shortcut, treat the promise cautiously and compare it with direct contact from the creditor or collector.
  5. If the account is already late, recognize that fees, collection activity, and credit damage may already be in motion.
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