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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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Clarke W. Brinckerhoff
Attorney
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February 10, 1994
John D. Krisor, Esq.
KRISOR and NUSSBAUM
Post Office Box #6200
South Bend, IN 46660
Dear Mr. Krisor:
This responds to your letter dated February 3, 1994, in which
you asked about the application of section 811(a)(2) of the Fair
Debt Collection Practices Act ("FDCPA"). Specifically,
you ask whether a debt collector may bring a legal action to collect
a debt that was incurred for medical services in the judicial
district where the services were performed, absent a contract
signed by the consumer.
The provision at issue reads as follows:
"Any debt collector who brings any legal action
on a debt against any consumer shall . . . bring such action
only in the judicial district . . .(A) in which such consumer
signed the contract sued upon; or (B) in which such consumer
resides at the commencement of the action."
In our view, if medical services were provided pursuant to an
oral contract -- as opposed to the signed contract referred to
in FDCPA §811(a)(2)(A) -- the debt collector may sue only where
the consumer resides, as permitted by FDCPA §811(a)(2)(B). The
collector may not sue where the services were performed (if that
is different from the consumer's residence) because that is not
included as a permissible forum location by this provision. See
Staff Commentary on the Fair Debt Collection Practices Act, com-ment
4 to section 811. 53 Fed. Reg. 50097, 50109 (12/13/88).
The views set forth in this informal staff opinion letter are
not binding on the Commission.
Sincerely yours,
Clarke W. Brinckerhoff
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