What is the name of your state?
There's a fellow on another site with way to much time on his hands. He's delved into the FTC archives and claims to have found many hundreds of FDCPA and FCRA opinion letters. Here's one of 'em.
Anybody think it'll hold water?
--------------------------------------------------------------------------------
Staff: May 22, 1980
Basil J. Mezines, Esquire
Stein Mitchell & Mezines
FEDERAL TRADE COMM)SStON
WASHtNGTON. D. C. 20580
BUREAU OF
CONSUMER PROTECTION
1800 M Street, Northwest
Washington, D. C. 20036
Dear Mr. Mezines:
This will respond to your letter dated May 19, 1980 inquiring
about the application of Section 805(a) of the Fair Debt
Collection Practices Act ("Act") to a situation in which a debt
collector communicates with a consumer in connection with the
collection of a debt on Sunday. It is your position that
inasmuch as that section makes no reference to what day or days
of the week might be inconvenient, Sunday may be an appropriate
day for such contact unless the debt collector has information
indicating it to be inconvenient for the consumer.
While the statute is not specific on this point, we believe that
a reasonable reading of the language of the statute would not
permit the communication. One could hardly consider Sunday as
being a normal business day particularly for engaging in the
business of collecting debts. Generally, most corporate or other
business offices are closed on Sunday and it would be a most
extreme and unusual case to find "business as usual" on a day
when most observe religious or other normal breaks from a full
business week.
You will note that the statute prohibits such communications at
any unusual time or at a time known or which should be known to
be inconvenient. It is our opinion that dunning a consumer on
Sunday would qualify as a communication at an "unusual time"
and that this fact should be known by the debt collector to be
inconvenient to the consumer.
The views expressed are informal in nature and as such are not
binding on the Commission. Nevertheless, they do represent the
staff's present enforcement position.
Very truly yours,
(^SL^).^^-^
Alan D. Reffkin
Attorney
Division of Credit Practices
There's a fellow on another site with way to much time on his hands. He's delved into the FTC archives and claims to have found many hundreds of FDCPA and FCRA opinion letters. Here's one of 'em.
Anybody think it'll hold water?
--------------------------------------------------------------------------------
Staff: May 22, 1980
Basil J. Mezines, Esquire
Stein Mitchell & Mezines
FEDERAL TRADE COMM)SStON
WASHtNGTON. D. C. 20580
BUREAU OF
CONSUMER PROTECTION
1800 M Street, Northwest
Washington, D. C. 20036
Dear Mr. Mezines:
This will respond to your letter dated May 19, 1980 inquiring
about the application of Section 805(a) of the Fair Debt
Collection Practices Act ("Act") to a situation in which a debt
collector communicates with a consumer in connection with the
collection of a debt on Sunday. It is your position that
inasmuch as that section makes no reference to what day or days
of the week might be inconvenient, Sunday may be an appropriate
day for such contact unless the debt collector has information
indicating it to be inconvenient for the consumer.
While the statute is not specific on this point, we believe that
a reasonable reading of the language of the statute would not
permit the communication. One could hardly consider Sunday as
being a normal business day particularly for engaging in the
business of collecting debts. Generally, most corporate or other
business offices are closed on Sunday and it would be a most
extreme and unusual case to find "business as usual" on a day
when most observe religious or other normal breaks from a full
business week.
You will note that the statute prohibits such communications at
any unusual time or at a time known or which should be known to
be inconvenient. It is our opinion that dunning a consumer on
Sunday would qualify as a communication at an "unusual time"
and that this fact should be known by the debt collector to be
inconvenient to the consumer.
The views expressed are informal in nature and as such are not
binding on the Commission. Nevertheless, they do represent the
staff's present enforcement position.
Very truly yours,
(^SL^).^^-^
Alan D. Reffkin
Attorney
Division of Credit Practices