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UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
Bureau of Consumer Protection
September 16, 1997
Donald O. Chesworth, Esq.
Harris, Chesworth & O'Brien
1820 East Avenue
Rochester, New York 14610
Dear Mr. Chesworth:
This is in reply to your recent letter concerning the debt collection
activities of your client, Law Enforcement Systems, Inc. Your
client collects unpaid parking fines for various governmental
units. You ask whether the enclosed Fair Debt Collection Practices
Act applies to these collection activities.
Commission staff does not consider fines to be "debts"
under Section 803(5) of the FDCPA, because they do not originate
from a transaction involving the purchase of property or services
for personal, family or household purposes. Therefore, to the
extent that your client is engaged in activities collecting unpaid
parking fines, we do not believe that these activities are covered
by the FDCPA.
You also ask whether the name "Law Enforcement Systems,
Inc." violates either the FDCPA or Section 5 of the Federal
Trade Commission Act (FTCA). Based on the information supplied
in your letter, we do not believe that your client's use of the
name "Law Enforcement Systems, Inc." violates either
of these statutes.
Please be advised that this is merely the opinion of Commission
staff and, as such, is not binding on the Commission itself.
Sincerely,
John F. LeFevre
Attorney
Enclosure
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