May my debt-collection firm send the required CFPB model validation notice without listing our attorneys or a signature block?

Plain-English summary

The inquiring attorney has a debt collection practice. The Consumer Financial Protection Bureau established a required model validation notice, effective December 1, 2021, to be sent to debtors as the initial contact correspondence in place of a traditional initial demand letter. To qualify for the CFPB's safe harbor, the notice's information must be "clear and conspicuous" and "substantially similar" to the model form, and the CFPB has said safe harbor protection will not extend to a second page. The model form does not include a list of the firm's attorneys or a signature block, and provides no space to add them. The lawyer asked whether the firm may send the notice without those items.

The panel concluded it may. Rule 7.1 is the overarching rule on communications about a lawyer's services and prohibits false or misleading information in such communications. Rule 7.5(b) on firm names and letterheads requires only that identification of lawyers indicate jurisdictional limitations on those not licensed in Rhode Island; it does not require that each lawyer in a firm be listed.

The panel found it is neither false nor misleading to send the CFPB model validation form without listing each attorney or a signature block, and therefore concluded that use of the CFPB model form is permissible under the Rules. It limited its guidance to the Rules of Professional Conduct and did not address the State Ethics Code or other law.

In practice

Under this opinion, sending the required CFPB model validation notice without listing the firm's attorneys or a signature block is permissible. The panel held that Rule 7.5(b) contains no requirement that every lawyer in a firm be listed, and that omitting the attorney list and signature block is neither false nor misleading under Rule 7.1. The panel confined its guidance to the Rules of Professional Conduct.

Common questions

Q: Must a firm's debt-collection letter list all of its attorneys?

A: No. The panel concluded Rule 7.5(b) requires only that identification of lawyers indicate jurisdictional limitations for those not licensed in Rhode Island, and does not require listing each lawyer in the firm.

Q: Is omitting the signature block on the CFPB notice misleading?

A: No. The panel found it is neither false nor misleading under Rule 7.1 to send the CFPB model validation form without a signature block or an attorney list.

Q: Does using the CFPB model form comply with the ethics rules?

A: Yes. The panel concluded that use of the CFPB model validation form is permissible under the Rules of Professional Conduct, while limiting its guidance to those Rules.

Background and rules framework

The opinion applies Rule 7.1 (Model Rule 7.1, communications concerning a lawyer's services), which prohibits false or misleading communications, and Rule 7.5 (Model Rule 7.5, firm names and letterheads). The panel read Rule 7.5(b) to require only that identification of lawyers indicate jurisdictional limitations on those not licensed in Rhode Island, with no requirement that each lawyer be listed, and concluded that omitting the attorney list and signature block from the CFPB form is not misleading under Rule 7.1.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• MR 7.5 (firm names and letterheads; paragraph (b))
• RI RPC 7.1, RI RPC 7.5

Statutes:

• Consumer Financial Protection Bureau model validation notice requirement, referenced as the source of the form; not quoted.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 2026-02: Trade Name "Contract House, LLP" Comports With Rules 7.5 and 7.1
• RI EAP Op. 2025-03: Firm May Include Non-Lawyer Business Partner Ads in Its Publication

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP-2021-01.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Rhode Island Supreme Court
Ethics Advisory Panel Op. 2021-01
Issued November 10, 2021

FACTS

The inquiring attorney has a debt collection practice. The inquiring attorney states that the Consumer Financial Protection Bureau (CFPB), a United States government agency responsible for consumer protection in the financial sector, recently established a required model validation notice to be sent to debtors as the initial contact correspondence. Required use of the validation notice becomes effective on December 1, 2021. The inquiring attorney states that the CFPB model form will replace what traditionally has been known as an initial demand letter. He/she further states that in order for his/her office to be entitled to the safe harbor defense relating to the use of the model validation notice, the information in the notice must be "clear and conspicuous" and "substantially similar" to the model form.

In reviewing the CFPB notice, the inquiring attorney notes that it does not include items traditionally found on his firm's initial demand letters, namely a list of attorneys in the firm, and a signature block. He/she notes also that the validation notice does not provide space to add such information. He/she states that the CFPB has made clear that safe harbor protection will not extend to a second page of a validation notice.

ISSUE PRESENTED

The inquiring attorney asks whether his/her law firm may send the CFPB validation notice without listing the attorneys in the firm, and without a signature block.

OPINION

It is permissible under the Rules of Professional Conduct for the inquiring attorney to send the CFPB model validation form without listing each attorney in the law firm, and without a signature block.

REASONING

Rule 7.1 of the Rules of Professional Conduct entitled "Communication concerning a lawyer's services" is the over-arching rule relating to information about legal services. This rule prohibits the use of false or misleading information in all communications about a lawyer's services. Paragraph (b) of Rule 7.5 entitled "Firm names and letterheads" states: "Identification of lawyers in a law firm shall indicate the jurisdictional limitations on those not licensed to practice in Rhode Island." There is no requirement in paragraph (b) that each lawyer in a law firm is listed.

The Panel believes that it is neither false nor misleading for the inquiring attorney or the law firm to send the CFPB model validation form without listing each attorney in the firm, and without a signature block. Accordingly, the Panel concludes that the use of the CFPB model form is permissible under the Rules of Professional Conduct.

The Panel's guidance is restricted to interpretations of the Rules of Professional Conduct and does not extend to issues under the State Ethics Code or any other rules, regulations or laws that may have bearing on the issues raised by this inquiry.