Re: CA attorney's licensing

Posted by EuterpeThelo (67.73.14.193) on August 08, 2003 at 10:20:14:

In Reply to: CA attorney's licensing posted by Gino on August 08, 2003 at 01:38:21:

Hi Gino,

Depends what state you're in if collectors have to be licensed. If your state doesn't require it, like mine doesn't, it isn't a no no.

I believe that the former pre-1996 FDCPA used to require the second half of that statement "any information may be used for that purpose" in all letters from the CA, but the newer version just requires "this communication is from a debt collector" on any letter after the first one.

Here is the relevant cite from the Fair Debt Collection Practices Act:

"§ 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:

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action."

Hope that helps.

-ET

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