Fair Debt Collection Practices Act (FDCPA) staff letter: Kroft
Mar. 8, 1996 · Section 809(a) [1692g(a)]
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Staff opinion letters are informal views of FTC staff, not binding Commission rulings, and some were later superseded by statutory amendments (including the 2006 FDCPA amendments) or later guidance.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
March 8, 1996
Gordon N.J. Kroft, Esq.
Tenny & Bentley
111 West Washington Street
Suite 1900
Chicago, Illinois 60602
Dear Mr. Kroft:
This is in response to your letter dated February 14, 1996, in which you request a staff opinion regarding the Fair Debt Collection Practices Act (FDCPA). You ask whether your firm complies with the FDCPA when it attaches the notice that you enclosed with your letter to each summons. Under the principals that the Supreme Court set out in Heintz v. Jenkins, law firms that are "debt collectors" presumably must include Section 809 notices in connection with every summons, if the summons is the first communication with the consumer in connection with the collection of a debt. Moreover, while we do not, as a matter of policy, approve specific language in collection notices, it does not appear that your notice violates the FDCPA.
The views expressed herein represent an informal staff opinion. As such, they are not binding on the Commission. They do, however, reflect the staff's current enforcement position.
Sincerely,
Thomas E. Kane
Source: FTC staff letter as archived by the U.S. National Archives web harvest, archived copy. Works of the U.S. government.