http://www.ftc.gov/os/statutes/fdcpa/le ... presti.htm
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
May 4, 1992
Giovanni S. LoPresti
64 Snowmass Court
Absecon, New Jersey 08201
Dear Mr. LoPresti:
This is in response to your March 4, 1992, request for a staff opinion concerning the debt collection practices of a law firm. You asked whether certain actions by the law firm constitute violations of the Fair Debt Collection Practices Act ("FDCPA" or "Act"), a copy of which is enclosed. You stated that an attorney who "is regularly engaged in a practice of debt collection, as well as other practices of law," has filed a lawsuit against a consumer. The attorney communicated six or more times with the consumer, and each communication "relate[d] to a legal process." You ask the following four questions, which I have paraphrased, concerning the attorney's actions with respect to the consumer.
1. Is the attorney obligated to provide the disclosures required by Sections 807 and 809 of the FDCPA, if all of the attorney's communications "concern a legal process"?
If the attorney is a "debt collector" for purposes of the FDCPA, he must include the 807 and 809 notices in debt collection communications. "Debt collector" is defined in Section 803(6) of the Act. I have enclosed a copy of the Commission staff's commentary on the FDCPA, which was reprinted in the Federal Register in December 1988 ("Commentary"). On Page 50102 of the Commentary, the staff clarifies when an attorney is a debt collector for purposes of the Act. I also am enclosing a packet containing many staff opinion letters on the subject of debt collection by attorneys. I am confident that a review of the Commentary and the packet of letters will provide you with an answer to this first question.
2. Does an attorney violate any provision of the FDCPA if he denies that he is covered by the Act when, in fact, he is covered?
No. Although the FDCPA prohibits a number of unfair or deceptive practices by debt collectors, it does not prohibit those who are covered by the Act from simply denying that they are covered.
3. Does the FDCPA prohibit collection agencies from counseling their clients to litigate against consumers?
No, the FDCPA does not prohibit such counseling.
4. Does the following statement, if made by a debt collector, violate the FDCPA? If the statement does not violate the Act, is it a deceptive means of obtaining information?
You must pay in full in our office or call. If you call, you will be required to give your telephone number, place of employment and other pertinent information. This is so we may place a hold on your account.
In my opinion the statement neither violates the FDCPA nor constitutes a "deceptive means of obtaining information."
The views expressed herein represent an informal staff opinion. As such, they are not binding on the Commission. They do, however, reflect the staff's current enforcement position.
Sincerely,
Thomas E. Kane
Attorney
Division of Credit Practices
Enclosures
FTC Informal Staff Opinion: LoPresti (05-04-92)
This folder examines what constitutes a "communication" under the FDCPA so as to trigger certain protections of the Act.
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FTC Informal Staff Opinion: LoPresti (05-04-92)
Post by David A. Szwak »
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
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
Return to “Communication: Specifically Defined Under the FDCPA”
Jump to
- General Discussions, Registration and Debt Collection-Related News Stories
- ↳ General Discussion
- ↳ News Stories, Articles and Outlines Regarding the FDCPA, Collection Abuses and Debt Collection Issues
- ↳ Social Security and VA [Veterans Administration] Benefits: Can They Be Garnished?
- ↳ Bad Faith Actions: Can Collector Sue You For Fees/Costs?
- ↳ Attorneys: Are They Debt Collectors?
- ↳ Collectors Suing Consumers in the Wrong Venue
- ↳ Least Sophisticated Consumer: What Is It and When Does It Apply?
- ↳ Strict Liability Under the FDCPA
- ↳ Time-Barred Debts: Can These Be Collected On?
- ↳ Threats to Take Action Which Cannot Be Legally Done
- ↳ Harassing, Oppressing or Abusing the Debtor: 15 USC 1692d
- ↳ Unauthorized Practice of Law: Debt Collectors Pretending to be Lawyers or Implying That They Act Like Lawyers
- ↳ Junk Debt Buyers: Who Are They and What Do They Do?
- ↳ Violations of the Automatic Stay and Discharge Order[s] By Debt Collection Acts or Omissions
- ↳ Bad Checks: Collection of Dishonored Checks
- ↳ Demand For Immediate Payment: Is It an FDCPA Violation?
- ↳ Debtor Confusion by Vague or Deceptive Communication
- ↳ Calling Debtors at Work? Calling Friends and Family? Is That Permissible?
- ↳ Mini-Miranda Warning/Notice Mandated By the FDCPA
- ↳ Unjust Enrichment: Louisiana
- ↳ Arrest You? Can a Debt Collector Threaten You With Arrest, Prosecution, etc.?
- ↳ Quotes: On Debt Collection and Its Abuses
- ↳ NARCA: What Is It and What Do They Have to Say?
- ↳ Continuing Legal Education Outlines
- ↳ False Representation That Communication is From an Attorney
- ↳ Other False or Misleading Misrepresentations
- ↳ Unfair Practices By Collectors
- ↳ Collector's Communications With the Debtor and Others
- ↳ Location Information: When and How Can the Collector Contact Debtor or Others to Acquire or Confirm Location Information?
- ↳ Deceptive Forms and Letters: Collector's Use Violates FDCPA
- ↳ Class Actions Under the FDCPA
- ↳ Statute of Limitations [Also Called Prescription Period]: How Long Do Creditors/Collectors Have to Sue You on an Alleged Debt?
- ↳ Excessive Phone Calls, Use of Autodialers and Scripted Messages
- ↳ Pleading Ground Rules: What is Required in Federal Court?
- ↳ Threats to Turn In a 1099-C to the IRS
- ↳ Re-Aging: Debt Collector's Efforts to Revive Obsolete Reportings
- ↳ Can Debt Collectors Curse You or Engage in Name-Calling?
- ↳ FTC Holder Rule: Assignee/Holder of Consumer Credit Contract is Subject to All Claims and Defenses Consumer Has Against Original Seller/Retailer: 16 C
- ↳ Credit Reporting of Unliquidated Claims, Speculative Claims and Unenforceable Claims
- ↳ Debt Collector Misrepresenting Affiliation: 15 U.S.C. 1692e[9]
- ↳ Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
- ↳ Additional Collection Fees, Interest, Surcharges and Other Assessments
- ↳ Potential Exposure For Sanctions Due to Filing Bad Faith FDCPA Cases: 15 U.S.C. 1692k[a][3], 28 U.S.C. 1927, and Fed.R.Civ.Proc. 11
- ↳ Collection of Parking Tickets, Traffic Citation Charges, Court Costs and Other Governmentally-Imposed Debts
- The Fair Debt Collection Practices Act: Statute and Definitions
- ↳ FDCPA, 15 USC 1692, et. seq.
- ↳ FDCPA: Purposes and Policies
- ↳ Communication: Specifically Defined Under the FDCPA
- ↳ Consumer : Who is a "Consumer"?
- ↳ Creditor : Who is a Creditor Under the FDCPA?
- ↳ Debt: What Constitutes a "Debt" as Defined by the FDCPA? 15 U.S.C. 1692a[5]
- ↳ Debt Collector: Who is a Debt Collector?
- Cease and Desist Letters, Dispute Letters, and Validation Letters
- ↳ Validation Notice Under the FDCPA
- ↳ Dispute Letters to Collectors
- ↳ Cease and Desist: Calling Off the Debt Collection Dogs: How Do You Do It?
- ↳ Envelopes Marked Up
- Types of Damages, Remedies, and Awards Under the FDCPA and Related State Law Claims
- ↳ Jury and Bench Trial Verdicts and Awards
- ↳ Attorneys' Fees, Costs and Other Non-Damage Awards
- ↳ Injunctive Relief: Can I Get It Under the FDCPA?
- ↳ Declaratory Judgment Relief: Can I Get It Under the FDCPA?
- ↳ Damages Available Under the FDCPA
- Jurisdiction, Venue, Removal to Federal Court, Remand to State Court, and Other Jurisdiction Issues
- ↳ Personal Jurisdiction in FDCPA Cases
- ↳ Jurisdiction and Venue: Where Can You Bring Your FDCPA Lawsuit?
- ↳ Removal to Federal Court and Remand to State Court: Important Considerations When Suing or Being Sued: Do You Want to be in Federal Court or State Cou
- Respondeat Superior, Vicarious Liability, and Whether Others Are Liable
- ↳ Vicarious Liability/Respondeat Superior For Violations of the FDCPA
- FDCPA Preemption, Immunity, Bona Fide Error Defense, and Qualified Immunity
- ↳ FDCPA: Preemption of State Laws
- ↳ Bona Fide Error Defense: The Loophole
- Do You Have a Right to Bring Claims and How Long Do You Have?
- ↳ Standing: An Important Question
- ↳ Statute of Limitations: How Long Do You Have to Sue?
- FDCPA Litigation Strategies and Procedural Issues and Law
- ↳ Settlements, Releases, Confidentiality and Other Things You Need to Kow and Consider If You Settle Pre-Trial
- ↳ Offers of Judgment In FDCPA Litigation
- State Debt Collection Statutes, Cases and Laws
- ↳ Alabama: Debt Collection Act
- ↳ Alaska: Debt Collection Act
- ↳ Arizona: Debt Collection Act
- ↳ Arkansas: Debt Collection Act
- ↳ California: Debt Collection Act
- ↳ Colorado: Debt Collection Act
- ↳ Connecticut: Debt Collection Act
- ↳ Delaware: Debt Collection Act
- ↳ Florida: Debt Collection Act
- ↳ Georgia: Debt Collection Act
- ↳ Hawai'i: Debt Collection Act
- ↳ Idaho: Debt Collection Act
- ↳ Illinois: Debt Collection Act
- ↳ Indiana: Debt Collection Act
- ↳ Iowa: Debt Collection Act
- ↳ Kansas: Debt Collection Act
- ↳ Kentucky: Debt Collection Act
- ↳ Louisiana: State Debt Collection Act
- ↳ Maine: Debt Collection Act
- ↳ Maryland: Debt Collection Act
- ↳ Massachusetts: Debt Collection Act
- ↳ Michigan: Debt Collection Act
- ↳ Minnesota: Debt Collection Act
- ↳ Mississippi: Debt Collection Act
- ↳ Missouri: Debt Collection Act
- ↳ Montana: Debt Collection Act
- ↳ Nebraska: Debt Collection Act
- ↳ Nevada: Debt Collection Act
- ↳ New Hampshire: Debt Collection Act
- ↳ New Jersey: Debt Collection Act
- ↳ New Mexico: Debt Collection Act
- ↳ New York: Debt Collection Act
- ↳ North Carolina: Debt Collection Act
- ↳ North Dakota: Debt Collection Act
- ↳ Ohio: Debt Collection Act
- ↳ Oklahoma: Debt Collection Act
- ↳ Oregon: Debt Collection Act
- ↳ Pennsylvania: Debt Collection Act
- ↳ Rhode Island: Debt Collection Act
- ↳ South Carolina: Debt Collection Act
- ↳ South Dakota: Debt Collection Act
- ↳ Tennessee: Debt Collection Act
- ↳ Texas: Debt Collection Act
- ↳ Utah: Debt Collection Act
- ↳ Vermont: Debt Collection Act
- ↳ Viriginia Debt Collection Act
- ↳ Washington: Debt Collection Act
- ↳ West Virginia: Debt Collection Act
- ↳ Wisconsin: Debt Collection Act
- ↳ Wyoming: Debt Collection Act
- Debt Collection Companies and Attorneys: AAAAAA
- ↳ Account Solutions Group
- ↳ Alegis/Sherman Acquisitions/Performance
- ↳ Allied Interstate f/k/a Coldata
- ↳ Allen, Lewis & Associates
- ↳ Alliance One
- ↳ Allstate Financial/Allstate Adjustment
- ↳ Aman Collection Service
- ↳ American Acceptance a/k/a National Acceptance
- ↳ American Coradius
- ↳ American Legal Recovery
- ↳ Ameriquest Recovery Services
- ↳ AMO Recoveries
- ↳ Ariel Financial Services
- ↳ Arrow Financial Services
- ↳ Asta Funding a/k/a Palisades Collections
- ↳ Asset Acceptance Corp.
- ↳ Atlantic Credit & Finance
- ↳ Attention, LLC
- ↳ Apex Financial A/K/A Hilco Receivables
- Debt Collection Companies and Attorneys: BBBBBB
- ↳ Barnes, Curtis a/k/a Calfin a/k/a Con-America
- ↳ Barnford, Thomas a/k/a Elder, Timothy a/k/a Con-America a/k/a CACV/CACH
- ↳ Baumann Law Firm
- ↳ Bay Area Credit Services
- ↳ Bennett & Deloney
- ↳ Boivin, Lawrence Law Firm
- ↳ Booska, Steven Law Offices
- ↳ Boyajian Law Offices
- ↳ Bronson & Migliaccio
- ↳ Buffaloe & Associates
- ↳ Burgess, Douglas Law Offices
- ↳ Burak, Donald Law offices
- ↳ Bureaus Inc.
- ↳ Burke, Edward T. & Associates
- ↳ BOSS: Business Office Systems and Solutions
- Debt Collection Companies and Attorneys: CCCCCC
- ↳ California Financial Credit Association
- ↳ Cambece, James
- ↳ Capital Corporation AKA Capital Collections
- ↳ Capital Management Services
- ↳ Capital One Bank and its Sister Entities [including Westmoreland Agency]
- ↳ Cavalry Portfolio Services
- ↳ Client Services, Inc.
- ↳ Cohen & Slamowitz a/k/a Gemini Recoveries
- ↳ Collect America a/k/a CACV a/k/a CACH
- ↳ CMKS Holdings, LLC a/k/a Stouwie & Mayo, PLLC
- ↳ Coldata Collection Agency
- ↳ Collect Corp.
- ↳ Collectech Systems
- ↳ Collins Law Office
- ↳ Colonial Credit Corp.
- ↳ Colorado Capital Investments
- ↳ Commonwealth Financial Systems
- ↳ Consumer Recovery Associates
- ↳ Continental Credit
- ↳ Collecto, Inc., d/b/a Collection Company of America
- ↳ Continental Fairways
- ↳ Convergys
- ↳ CPS Investigations
- ↳ Credit Collection Service
- ↳ Credit One, LLC
- ↳ Credit Store [The Credit Store]
- ↳ Credit Systems International
- ↳ Creditors Financial Group
- ↳ Creditors Interchange Receivable Management, LLC
- ↳ Capital Recovery Service [CRS]
- ↳ C. Water Recovery
- ↳ Credit Bureau of the South
- ↳ Credit Collections, Inc.
- ↳ Credigy Receivables
- ↳ Cadle Co., Inc.
- Debt Collection Companies and Attorneys: DDDDDD
- ↳ D.C. Credit Services a/k/a David Cohen
- ↳ De Lage Landen Financial Services
- ↳ Daniels & Norelli, P.C. a/k/a Con America
- ↳ DeFede, John A. Esq. [John Defede, Esq.]
- ↳ DeJana, Richard Esq. [Richard DeJana, Esq.
- ↳ Delta Group aka Joseph, Ortiz & Epstein, LLC
- ↳ Dendy, Michael D. Esq.
- ↳ DMG Consulting
- Debt Collection Companies and Attorneys: EEEEEE
- ↳ Ebbets Partners
- ↳ eCast Settlement
- ↳ Elder, Timothy L. / Barnford, Thomas K.
- ↳ Elite Recovery Services, Inc.
- ↳ Ellis Crosby and Associates
- ↳ Encore Receivable Management
- ↳ Endeavor Financial Partners, LLC
- ↳ ER Solutions
- ↳ Eskanos & Adler, PC
- ↳ Estate Recoveries
- ↳ Evans Law Offices
- ↳ ED Fund
- Debt Collection Companies and Attorneys: FFFFFF
- ↳ Financial Credit Services
- ↳ FBCS Federal Bond & Collection Service
- ↳ Federal Credit Corp.
- ↳ Federal Credit Recovery/FCR Offices
- ↳ First Revenue Assurance
- ↳ French, WC (Bill), Law Offices of
- ↳ First Nationwide Resource Group
- ↳ Federal Adjustment Bureau
- Debt Collection Companies and Attorneys: GGGGGG
- ↳ Go-More Financial, Inc.
- ↳ GC Services
- ↳ Gemini Recoveries, Inc.
- ↳ Giove Law Office, P.C.
- ↳ Global Acceptance Credit Company (GACC)
- ↳ Global Asset Investigation Services, LLC
- ↳ General Revenue Corp.
- ↳ Goggins & Lavintman, PA
- ↳ Gulf State Credit
- ↳ Great Seneca Financial Corp.
- ↳ Greenberg, Grant & Richards, Inc.
- Debt Collection Companies and Attorneys: HHHHHH
- ↳ Hanna, Frederick J. & Assoc.
- ↳ Harker, John W. [CACV]
- ↳ Harrison Ross Byck, Esq.
- ↳ Harry Cohn and Scott M. Miller
- ↳ Hosto and Buchan
- ↳ Household Recovery Services Corp.
- ↳ Hudson & Keyse, LLC
- ↳ Hull & Associates, P.C.
- Debt Collection Companies and Attorneys: IIIIII
- ↳ Integrity Resolution Group, LLC
- ↳ International Portfolio Management
- Debt Collection Companies and Attorneys: JJJJJJ
- ↳ Javitch, Block & Rathbone L.L.P.
- ↳ Joseph, Ortiz & Epstein, LLC a/k/a Delta Group
- Debt Collection Companies and Attorneys: KKKKKK
- ↳ Kay, Mitchell N., P.C. [Law Offices]
- ↳ Kravitz, Schnitzer, Sloane, Johnson & Eberhardy, CHTD
- Debt Collection Companies and Attorneys: LLLLLL
- ↳ Lenahan Law Offices
- ↳ Lang, Richert & Patch
- ↳ LDG Financial Services II, LLC
- ↳ Leasecomm Corporation
- ↳ Legal Recovery Services, Inc.
- ↳ LHR, Inc.
- ↳ Love, Beal & Nixon, PC
- ↳ Lowery, Scott P., P.C. a/k/a CACH, LLC
- ↳ LTD Financial Services, L.P.
- ↳ LVNV Funding, LLC
- Debt Collection Companies and Attorneys: MMMMMM
- ↳ Magnus Services, Inc.
- ↳ Mann-Bracken, LLC
- ↳ Marauder Corporation
- ↳ McKelvey Law Office
- ↳ Meadows Law Office - Sheree Meadows
- ↳ Mel S. Harris & Associates
- ↳ Merchant's Credit Guide Co.
- ↳ Messerli & Kramer
- ↳ Midland Credit Management, Inc.
- ↳ Mims, Jerry M., Lawyer
- ↳ Moore, Gerald E. & Associates
- ↳ MRS Associates, Inc.
- ↳ Myers & Porter, Attorneys
- Debt Collection Companies and Attorneys: NNNNNN
- ↳ NCO Financial
- ↳ National Action Financial Services, Inc.
- ↳ National Acceptance
- ↳ National Asset Management
- ↳ National Asset Services Co.
- ↳ National Attorney's Network
- ↳ National Credit Adjusters
- ↳ National Enterprise Systems
- ↳ National Financial Systems
- ↳ National Revenue Corporation
- ↳ Nationwide Capital Recovery
- ↳ Nationwide Credit, Inc.
- ↳ Neuheisel Law Firm, PC
- ↳ New Horizon Credit, Inc.
- ↳ New Vision Financial
- ↳ North Shore Agency
- ↳ North Star Capital Acquisitions, LLC
- ↳ Northeast Credit & Collections
- Debt Collection Companies and Attorneys: OOOOOO
- ↳ Omnia Credit Services
- ↳ O'Neill Management, Inc. Investigators
- ↳ Ozark Capital Corporation
- ↳ OSI/Outsourcing Solutions
- Debt Collection Companies and Attorneys: PPPPPP
- ↳ Performance Capital Management
- ↳ Pacific Coast Collections (Alliance One)
- ↳ Palisades Collections, LLC
- ↳ Penn Credit Corporation
- ↳ Phillips & Burns, LLC
- ↳ Phillips & Cohen Associates, Ltd.
- ↳ Pinnacle Asset & Capital Management Grp, LLC
- ↳ Plaza Associates
- ↳ Portfolio Exchange
- ↳ Portfolio Management of Amherst, LLC.
- ↳ Portfolio Recovery Associates, LLC
- ↳ Preferred Platinum Plan
- ↳ Prime Asset Recovery, Inc. / www.giovelawofficeexposed.com
- ↳ Pro Collect, Inc.
- Debt Collection Companies and Attorneys: QQQQQQ
- ↳ Quadrant Group LLC - The Recycle Shop
- Debt Collection Companies and Attorneys: RRRRRR
- ↳ Ranieri, Christopher, Law Office of
- ↳ RCS Centre Corp.
- ↳ Redline Recovery Services, LLC
- ↳ Regent & Associates, P.C.
- ↳ Resurgent Capital Services / Sherman Acquisitions
- ↳ Reynolds, Jacobson & Sloane, Attorneys
- ↳ Riddle [Jessie Riddle] & Associates
- ↳ Risk Management Alternatives (RMA)
- ↳ RJM Acquisitions, LLC
- ↳ Roach, Larry, Law Offices of
- ↳ Rosenthal & Colby, Inc.
- Debt Collection Companies and Attorneys: SSSSSS
- ↳ Sherman Acquisitions
- ↳ Sagres Company, (the)
- ↳ Scherr, Harold E. , Attorney / Con-America
- ↳ Schreiber and Associates, PC.
- ↳ Shekinah, Inc.
- ↳ Sherman Financial Group/Alegis (SDB)
- ↳ Specified Credit Association
- ↳ Stanley Weinberg & Associates
- ↳ Steinbrenner, Carl A.
- ↳ Stevens & James Debt Collectors
- ↳ Sky Recovery Services
- Debt Collection Companies and Attorneys: TTTTTT
- ↳ Tabula Rasa, Inc.
- ↳ Taylor, Jay A., PC [Jay A. Taylor, Esq.]
- ↳ Titan Recovery Group
- ↳ Transcontinental Adjustment Corp.
- ↳ Trauner Cohen & Thomas f/k/a Trauner King & Cohen
- ↳ Triadvantage Credit Services
- Debt Collection Companies and Attorneys: UUUUUU
- ↳ Unifund Group Corp. a/k/a Unifund CCR Partners, LLC
- ↳ United Creditors
- ↳ United Legal Corp.
- ↳ United Recovery System
- ↳ US Audit Control
- Debt Collection Companies and Attorneys: VVVVVV
- ↳ Van Ru Credit Corp.
- ↳ Varde
- ↳ Vasques, Luis, Attorney [Luis E. Vasques, Esq.]
- Debt Collection Companies and Attorneys: WWWWWW
- ↳ Wexler & Wexler, PA
- ↳ Wolpoff & Abramson, LLP
- ↳ Weltman, Weinberg & Reis
- ↳ Wendt Law Offices
- ↳ West Asset Management
- ↳ Westmoreland Agency [Capital One Bank]
- ↳ Winn and Sims, PC
- ↳ Wolf, Jack, PA [Jack Wolf, Esq.]
- ↳ Wolpoff & Abramson, LLP
- ↳ Wolter, Warren H, Attorney [Warren H. Wolter, Esq.]
- ↳ Worldwide Asset Purchasing, LLC
- ↳ Wright, Makel Ann, Esq. [Makel Ann Wright, Esq.]
- Debt Collection Companies and Attorneys: ZZZZZZ
- ↳ Zenith Acquisitions Corporation
- ↳ Zwicker & Associates, PC