FTC Informal Staff Opinion: Dempsey (09-13-96)

[David A. Szwak]

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