FTC Informal Staff Opinion: Cutter (12-13-96)

[David A. Szwak]

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

Division of Credit Practices
Bureau of Consumer Protection


December 13, 1996

Ms. Michele Cutter
Special Investigator
Phoenix Home Life
P.O. Box 810
Greenfield, MA 01302-0810

Dear Ms. Cutter:

This responds to your letter of October 2, 1996, concerning several questions about the Fair Debt Collection Practices Act (FDCPA) (copy enclosed). The answers to your questions are as follows:

1. The Consumer Credit Protection Act (15 U.S.C. 1601 et. seq.)

2. No.

3. If a third party debt collector is attempting to collect a claim, whether or not it is disputed, yes.

4. The FDCPA does not address who may or may not receive dunning letters. Theoretically, they should be sent to the party who owes the debt at issue.

5. Contact the patient to make sure that your company has satisfied its obligations.

6. Since you are not the creditor, no, unless your company pays the claim.

7. Division of Credit Practices, Federal Trade Commission, Washington, D.C. 20580. (202) 326-3758.
I hope this responds to your inquiry.

Sincerely,

John F. LeFevre
Attorney