Consumer Law Library

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

Sections: FDCPA Section 803(5) [1692a(5)]

Dec. 13, 1996 · Section 803(5) [1692a(5)]

Topic: Definition of "debt"

Staff opinion letters are informal views of FTC staff, not binding Commission rulings, and some were later superseded by statutory amendments (including the 2006 FDCPA amendments) or later guidance.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

December 13, 1996

Ms. Michele Cutter
Special Investigator
Phoenix Home Life
P.O. Box 810
Greenfield, MA 01302-0810

Dear Ms. Cutter:

This responds to your letter of October 2, 1996, concerning several questions about the Fair Debt Collection Practices Act (FDCPA) (copy enclosed). The answers to your questions are as follows:

1. The Consumer Credit Protection Act (15 U.S.C. 1601 et. seq.)

2. No.

3. If a third party debt collector is attempting to collect a claim, whether or not it is disputed, yes.

4. The FDCPA does not address who may or may not receive dunning letters. Theoretically, they should be sent to the party who owes the debt at issue.

5. Contact the patient to make sure that your company has satisfied its obligations.

6. Since you are not the creditor, no, unless your company pays the claim.

7. Division of Credit Practices, Federal Trade Commission, Washington, D.C. 20580. (202) 326-3758.

I hope this responds to your inquiry.

Sincerely,

John F. LeFevre Attorney

Source: FTC staff letter as archived by the U.S. National Archives web harvest, archived copy. Works of the U.S. government.