Fair Debt Collection Practices Act (FDCPA) staff letter: Zbrzeznj
Sept. 21, 1992 · Section 805(b) [1692c(b)]
Topic: Communications with third parties
Staff opinion letters are informal views of FTC staff, not binding Commission rulings, and some were later superseded by statutory amendments (including the 2006 FDCPA amendments) or later guidance.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
Division of Credit Practices Bureau of Consumer Protection
September 21, 1992
Ms. Betty Zbrzeznj
Colonial National Bank
P.O. Box 15480
Wilmington, DE 19850-5480
Dear Ms. Zbrzeznj:
This is in reply to your letter of August 17, 1992, concerning whether communication of collection messages through a translator service constitutes an impermissible third party communication under the Fair Debt Collection Practices Act (copy enclosed). In orally communicating with non-English speaking customers about their debts, you wish to use interpreters to convey the message in the appropriate language.
We believe that use of such a service falls within the exception to Section 805(b) noted by the enclosed staff commentary on the Act, namely, an "incidental contact" (p. 50104, No. 3, second column) necessary to enable the collector to make contact with and transmit a dunning message to the consumer. Thus, we do not believe that use of such a service would violate Section 805(b).
Your interest in writing is appreciated.
Sincerely,
John F. LeFevre
Source: FTC staff letter as archived by the U.S. National Archives web harvest, archived copy. Works of the U.S. government.