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UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
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Division of Credit Practices
Bureau of Consumer Protection
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August 11, 1992
D. A. Burwell
President
D & B Financial Associates, Inc.
P.O. Box 6066
Ft. Lauderdale, FL 33310
Dear Mr. Burwell:
Thank you for your letter concerning the mailing envelope used
by Consolidated Collection Company ("CCC"), a collection
agency. Section 807(1) of the Fair Debt Collection Practices Act
("FDCPA"), 15 U.S.C. 1692e(1), prohibits
[t]he false representation or implication that the debt
collector is vouched for, bonded by, or affiliated with the
United States or any State, including the use of any badge,
uniform, or facsimile thereof.
Although the CCC envelope that you enclosed does not represent
that CCC is "vouched for or bonded by" the United States
or any state, whether the envelope implies an "affiliation"
with the United States or one of the states is a slightly more
difficult issue. Printed on the envelope are phrases similar to
-- or perhaps even identical to -- those printed on federal and
state envelopes that many consumers have received. Because you
have not enclosed a copy of the dunning notice that CCC mailed
in the envelope, I assume that it indicates that the correspondence
is from CCC and does not imply that it is from a federal or state
agency.
Section 807(1) is intended to prevent debt collectors from using
a false threat of enforcement by a governmental agency to coerce
consumers into paying alleged debts. Some consumers who receive
the CCC envelope may believe -- before they open it -- that the
correspondence is from a governmental agency and, thus, open the
envelope and read the contents quickly. After reading the dunning
notice, however, they will realize that the correspondence is
from CCC and will not be coerced into paying an alleged debt out
of fear of reprisal by "the government." Therefore,
it is our opinion that CCC's envelope, taken together with its
contents, does not violate Section 807(1) of the FDCPA.
The views expressed herein represent an informal staff opinion.
As such, they are not binding on the Commission. They do, however,
reflect the staff's current enforcement position.
Again, thank you for bringing this matter to our attention.
Sincerely,
Thomas E. Kane
Attorney
Division of Credit Practices
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