Fair Debt Collection Practices Act (FDCPA) staff letter: Miller
May 13, 1994 · Section 809(a) [1692g(a)]; Section 809(b) [1692g(b)]
Topic: Notice of validation rights
Staff opinion letters are informal views of FTC staff, not binding Commission rulings, and some were later superseded by statutory amendments (including the 2006 FDCPA amendments) or later guidance.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
May 13, 1994
Ms. Nellie Miller, Investigator
Office of Consumer Affairs
Montgomery County
100 Maryland Avenue
Rockville, Maryland 20850
Dear Ms. Miller:
This is in reply to your letter of March 30 concerning the attached letter from Checkcare Systems. You believe that the following sentence, appearing immediately after the notice required by Section 809 of the Fair Debt Collection Practices Act (FDCPA), adversely affects the consumer's rights and should be deleted: "The above statement is not an authorization to delay payment on a legal debt (checks written by you)."
We believe that if the debt is undisputed, there is nothing wrong with this statement. However, if the debt is disputed, e.g., if the check at issue was written for a service that was ultimately not rendered, then the statement may be misleading because it may tend to encourage consumers to pay disputed debts before verification is received. To this extent, it may contradict the message that the 809 notice is meant to convey. Since such contradictions have been held to violate the FDCPA, we do not disagree with your position.
I hope this has been helpful.
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.