Fair Debt Collection Practices Act (FDCPA) staff letter: Dempsey
Sept. 13, 1996 · Section 803(2) [1692a(2)]; Section 803(5) [1692a(5)]; Section 807(11) [1692e(11)]; Section 809 [1692g]
Topic: Definition of "communication"
Staff opinion letters are informal views of FTC staff, not binding Commission rulings, and some were later superseded by statutory amendments (including the 2006 FDCPA amendments) or later guidance.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 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
Source: FTC staff letter as archived by the U.S. National Archives web harvest, archived copy. Works of the U.S. government.