UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C.
20580
Division of Credit Practices
Bureau of Consumer Protection
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June 26, 1995
Lawrence C. Samuels, Director
THE SUPPORT GROUP
15760 Ventura Blvd., Suite 700
Encino, California 91436
Dear Mr. Samuels:
This responds to your correspondence dated May 30, 1995, in which
you asked for a staff opinion letter concerning the applicability
of the Fair Debt Collection Practices Act ("FDCPA")
to the collection of delinquent child and spousal support and
other obligations resulting from divorce decrees. You specified
three particular types of obligations that arise from such decrees:
(1) money or property rights, (2) child support, and (3) spousal
support.
The term "debt" is defined in Section 803(5) of the
FDCPA to include only obligations incurred from a "transaction
(involving purchase of) property ... or services ... for personal,
family or household purposes." In most cases, there would
be no "debt" under the FDCPA in the situations you describe,
because of the lack of the type of "transaction" used
as the basis for the definition. Support obligations arise from
spousal and parental duties, not from transactions. If the "money
or property rights" you mentioned result from such a transaction
between the parties, a "debt" would exist; otherwise
it would not, and the FDCPA would not apply to efforts by any
party to collect it. This analysis conforms to that set forth
in comment 803(5)-2 in our Staff Commentary on the FDCPA. 53 Fed.
Reg. 50097, 50102 (Dec. 13, 1988).
This staff opinion letter consists of the present enforcement
position of the staff, but is not binding on the Commission.
Sincerely yours,
Clarke W. Brinckerhoff
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