|
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
|
Division of Credit Practices
Bureau of Consumer Protection
|
|
March 8, 1996
Gordon N.J. Kroft, Esq.
Tenny & Bentley
111 West Washington Street
Suite 1900
Chicago, Illinois 60602
Dear Mr. Kroft:
This is in response to your letter dated February 14, 1996, in
which you request a staff opinion regarding the Fair Debt Collection
Practices Act (FDCPA). You ask whether your firm complies with
the FDCPA when it attaches the notice that you enclosed with your
letter to each summons. Under the principals that the Supreme
Court set out in Heintz v. Jenkins, law firms that are
"debt collectors" presumably must include Section 809
notices in connection with every summons, if the summons is the
first communication with the consumer in connection with the collection
of a debt. Moreover, while we do not, as a matter of policy, approve
specific language in collection notices, it does not appear that
your notice violates the FDCPA.
The views expressed herein represent an informal staff opinion.
As such, they are not binding on the Commission. They do, however,
reflect the staff's current enforcement position.
Sincerely,
Thomas E. Kane
|
