Re: Summons questions concerning

Posted by scott (65.25.98.79) on September 10, 2002 at 19:09:44:

In Reply to: Re: Summons questions concerning posted by donald on September 10, 2002 at 17:27:08:

Let me get this straight. They sent you a collection notice and made it seem like they sued you and it was a notice of court. Also, they made it appear to be a docket number. Oopsy. Violation of the FDCPA.

§ 807. False or misleading representations [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section
(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

13) The false representation or implication that documents are legal process.
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This is the FTC staff opinion on the FDCPA

Section 807(2) prohibits falsely representing either "(A) the character, amount, or legal status of any debt; or (B) any services rendered or compensation which may be lawfully received by" the collector.

1. Legal status of debt. A debt collector may not falsely imply that legal action has begun.

Section 807(13) prohibits falsely representing or implying that "documents are legal process."

1. Simulated legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase (such as "notice of legal action" or "show just cause why") alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form.

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