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PostPosted: Tue Jul 18, 2006 12:47 am 
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Joined: Fri Jul 14, 2006 6:19 am
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"The FDCPA applies to actions by debt collectors who as defined as: "[A]ny person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another." 15 U.S.C. § 1692(a)(6). The Federal Trade Commission (FTC) has issued commentary on the scope of the statute's coverage, stating that "attorneys or law firms that engage in traditional debt collection activities (sending dunning letters, making collection calls to consumers) are covered by the FDCPA, but those whose practice is limited to legal activities are not covered." FTC Statements of General Policy or Interpretation Staff Commentary on the Fair Debt Collection Practices Act, 53 Fed.Reg. 50097-02, 50100-02 (December 13, 1988). In Heintz v. Jenkins, 514 U.S. 291, 298 (1995), the Supreme Court held that the FDCPA applies to attorneys who regularly engage in debt collection activities, including litigation. In doing so, the Court found that the scope of coverage was greater than that suggested by the FTC, not less. Heintz, 514 U.S. at 298. The Defendants are clearly debt collectors within the meaning of the FDCPA where they engage in all phases of debt collection."

Turner v. Shenandoah Legal Group, P.C.
Slip Copy, 2006 WL 1685698
Jun 12, 2006

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