UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C.
20580
Division of Credit Practices
Bureau of Consumer Protection
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May 29, 1997
S. Joshua Berger
AAA - 399, Caller Box 10001
Saipan, MP 96950
Dear Mr. Berger:
This is in reply to your letter of March 3, 1997, concerning
several questions about the Fair Debt Collection Practices Act
(FDCPA) (copy enclosed ). Our answers are as follows:
- 1) Since the courts deem you to be a "debt collector,"
even though all you do is file suit against the consumer, you
must comply with Section 809(a) of the FDCPA, i.e.,
you must provide the validation notice within five days of your
initial communication with the consumer, even if the communication
is connected with the suit.
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- 2) We interpret the "thirty-day period" as a period
within which consumers must dispute their debts in writing in
order to avail themselves of their Section 809(b) rights, but
not as a "grace" period. Thus, we believe that there
is nothing in the Act that prevents you from filing suit during
this period, so long as you do not make any representations
that contradict Section 809(b).
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- 3) Because of Heintz v. Jenkins, all pleadings must
be considered "communications" if they convey "...
information regarding a debt directly or indirectly to any person
through any medium."
I hope this answers your questions.
Sincerely,
John F. LeFevre
Attorney
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