FTC Informal Staff Opinion: Pratt (09-16-93)

Post Reply
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

FTC Informal Staff Opinion: Pratt (09-16-93)

Post by David A. Szwak »

http://www.ftc.gov/os/statutes/fdcpa/letters/pratt.htm
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580

Division of Credit Practices
Bureau of Consumer Protection


September 16, 1993

Stuart K. Pratt
Director, State Government Relations
Associated Credit Bureaus
1090 Vermont Ave., N.W.
Suite 200
Washington, D.C. 20005-4905

Dear Mr. Pratt:

This is in reply to your letter of August 16, 1993 concerning whether a debt collector is covered by the Fair Debt Collection Practices Act when it purchases defaulted accounts from the original creditor.

We consider the purchase of a defaulted account “. . . an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another." See Section 803(4) of the Act. As such, we do not believe that such a purchase removes the debt collector from Act coverage with respect to that account because it does not make the debt collector a creditor under Section 803(4).

I hope this has been helpful.

Sincerely,

John F. LeFevre
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
Post Reply

Return to “Creditor : Who is a Creditor Under the FDCPA?”