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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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May 13, 1994
Ms. Nellie Miller, Investigator
Office of Consumer Affairs
Montgomery County
100 Maryland Avenue
Rockville, Maryland 20850
Dear Ms. Miller:
This is in reply to your letter of March 30 concerning the attached
letter from Checkcare Systems. You believe that the following
sentence, appearing immediately after the notice required by Section
809 of the Fair Debt Collection Practices Act (FDCPA), adversely
affects the consumer's rights and should be deleted: "The
above statement is not an authorization to delay payment on a
legal debt (checks written by you)."
We believe that if the debt is undisputed, there is nothing wrong
with this statement. However, if the debt is disputed, e.g.,
if the check at issue was written for a service that was ultimately
not rendered, then the statement may be misleading because it
may tend to encourage consumers to pay disputed debts before verification
is received. To this extent, it may contradict the message that
the 809 notice is meant to convey. Since such contradictions have
been held to violate the FDCPA, we do not disagree with your position.
I hope this has been helpful.
Sincerely,
John F. LeFevre
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