It is currently Wed Nov 25, 2020 2:55 am

All times are UTC




Post new topic Reply to topic  [ 1 post ] 
Author Message
PostPosted: Sat Oct 07, 2006 11:20 pm 
Offline
Site Admin

Joined: Tue Aug 08, 2006 10:54 am
Posts: 118
http://www.ftc.gov/os/statutes/fdcpa/le ... empsey.htm
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580

Division of Credit Practices
Bureau of Consumer Protection


September 13, 1996

Joseph A. Dempsey, Esq.
1787-6 Veterans Memorial Highway
Islandia, NY 11722

Dear Mr. Dempsey:

This is in reply to your letter of earlier this year about the applicability of summary proceedings, in connection with a landlord/tenant action for non-payment of rent to the Fair Debt Collection Practices Act (FDCPA) (copy enclosed). I apologize for the delay in replying.

While the proceedings themselves may not be covered by the Act, any dunning letters or notices that you, as the collection attorney, send to the tenant with regard to the payment of back-rent, appear to qualify as "collection activity" covered by the Act, according to the recent case in the U.S. Supreme Court, Heintz v. Jenkins. Therefore, all disclosures required by the Act [Section 807(11), Section 809] would have to be included in these letters..

I hope this is responsive to your inquiry.

Sincerely,

John F. LeFevre
Attorney

Enclosure

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 1 post ] 

All times are UTC


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group