Consumer Law Library

Fair Debt Collection Practices Act (FDCPA) staff letter: Pavelka

Sections: FDCPA Section 809 [1692g]

May 18, 1994 · Section 809 [1692g]

Topic: Debt validation

Staff opinion letters are informal views of FTC staff, not binding Commission rulings, and some were later superseded by statutory amendments (including the 2006 FDCPA amendments) or later guidance.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 18, 1994

Donald J. Pavelka, Jr.
Hansen, Engles and Locher, P.C.
800 Exchange Bldg.
1905 Harney Street
Omaha, Nebraska 68102

Dear Mr. Pavelka:

This is in reply to your letter of April 29, 1994 concerning whether the notice required by Section 809 of the Fair Debt Collection Practices Act must be included in the initial dunning letter sent by a debt collector or whether the notice may be provided in a separate document.

The Act allows the notice to be provided separately within 5 days after the initial communication with the consumer. Providing the notice on a separate document with the initial demand letter is also entirely acceptable.

I trust this responds to your question.

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.