Fair Debt Collection Practices Act (FDCPA) staff letter: Gamache
July 15, 1997 · Section 803(6) [1692a(6)]; Section 807(11) [1692e(11)]
Topic: Definition of "debt collector"
Staff opinion letters are informal views of FTC staff, not binding Commission rulings, and some were later superseded by statutory amendments (including the 2006 FDCPA amendments) or later guidance. Check current law before relying on any letter.
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
Bureau of Consumer Protection
July 15, 1997
David R. Gamache
FDCPA Committee - CILA
Newman, Goldfarb, Freyman & Klein, P.C.
Pierre Laclede Center
Suite 1800
7733 Forsyth Blvd.
St. Louis (Clayton), MO 63105-1801
Dear Mr. Gamache:
I have your letter of April 22, 1997, to Mr. Donald Clark of this office, which he has referred to me for reply. You ask whether the requirements of Section 807(11) of the Fair Debt Collection Practices Act, as amended, would be satisfied if the disclosure previously required by that Section (before the amendment) is used in all communications with a consumer to collect a debt, i.e., "This is an attempt to collect a debt and any information obtained will be used for that purpose."
Literal compliance with the current requirements of Section 807(11) would mandate a separate disclosure like "this communication is from a debt collector." However, insofar as Commission staff is concerned, we consider the previously required statement quoted above as sufficient to comply with the current requirements. In these circumstances, we regard anyone "attempting to collect a debt" as a debt collector is the generic sense and that anyone receiving a letter containing the above statement would make that connection. The doctrine of "substantial compliance" applies in this context.
I hope this is responsive to your request.
Sincerely,
John F. LeFevre Attorney
Source: FTC staff letter as archived by the U.S. National Archives web harvest, archived copy. Works of the U.S. government.