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UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C.
20580
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Division of Credit Practices
Bureau of Consumer
Protection
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September 13, 1996
Darren Charest
President
U.S. Tracers
14252 Culver Drive
Suite A268
Irvine, CA 92714
Dear Mr. Charest:
This is in reply to your recent letter concerning your "messaging
and call transfer system" described therein. I hereby incorporate
it by reference in this answer.
Third party contacts for the purpose of acquiring location information
about the consumer (e.g., the consumer's telephone number) are
governed exclusively by Section 804 of the Fair Debt Collection
Practices Act (FDCPA) (copy enclosed). You will note that Section
804(1) of the FDCPA requires the debt collector to "identify
himself, state that he is confirming or correcting location information
concerning the consumer and, only if expressly requested, identify
his employer." It does not appear that the message quoted
in your letter complies with this requirement, since it does not
mention that its purpose is to confirm or correct location information
concerning the consumer. Therefore, a collection agency using
this message would violate Section 804 of the FDCPA.
I hope this has been helpful.
Sincerely,
John F. LeFevre
Attorney
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