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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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December 30, 1992
Mr. Stephen R. Jones
Vice-President--Law and Policy
Council of Better Business Bureau, Inc.
4200 Wilson Blvd.
Arlington, VA 22203
Dear Mr. Jones:
This is in reply to your letter of December 1, 1992,
concerning whether a debt collector may communicate with a Better
Business Bureau, at the Bureau's request, about a consumer complaint
against the collector.
As you point out in your letter, Section 805(b)
of the Act prohibits a debt collector from engaging in most third
party communications "... in connection with the collection
of a debt ..." On the other hand, some third party contacts
made in other contexts are permitted by the Act. For example,
the Staff Commentary on the Act permits contacts with government
officials or auditors for the purpose of responding to inquiries
or conducting audits. We believe that a contact with a Better
Business Bureau, at the Bureau's request for the purpose of responding
to a consumer complaint, falls within the ambit of contacts with
government officials for the same purpose and is not a contact
made with a view towards collecting a debt. Resolving a complaint
appears to be the primary purpose of the contact. Therefore, we
believe that such a contact would be permitted by Section 805(b).
I hope that this is responsive to your question.
Sincerely,
John F. LeFevre
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