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1/11/2011

FDCPA Staff Opinion: LeFevre-Castle

FEDERAL TRADE COMMISSION


WASHINGTON, D.C. 20580 Division of Credit Practices Bureau of Consumer Protection

UNITED STATES OF AMERICA

June 13, 1995 F. Guthrie Castle, Jr., Esq. 301 Koger Center 6555 Quince Road Memphis, TN 38119 Dear Mr. Castle: This is in reply to your letter of March 17, 1995, concerning proper verification of a debt under Section 809 of the Fair Debt Collection Practices Act (FDCPA). I apologize for the delay. In answer to question #1: Section 809 of the FDCPA does not prescribe any effective date for a Section 809(b) verification. Therefore, providing a verification which pre-dates the debtor's dispute does not appear to be a violation of that Section. In answer to question #2: in view of the recent Supreme Court case, Heintz et al v. Jenkins, (No. 94-367; 1995 U.S. Lexis 2840), decided April 18, 1995, which considered litigation activity to recover a debt to be "collection activity" covered by the FDCPA, it does not appear that a debt collector may attempt to reduce a disputed claim to judgement without obtaining the verification required by Section 809(b). I hope this has been helpful. Sincerely, John F. LeFevre Attorney

ftc.gov/os/statutes/fdcpa//castle.htm

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