The Federal Trade Commission has issued its first advisory opinion regarding certain provisions of the Fair Debt Collection Practices Act ("FDCPA"). The advisory responds to two questions posed by counsel for the American Collectors Association. In response to the first question, the Commission states that a debt collector may attempt to collect a debt from a consumer during the thirty-day dispute period, as long as the consumer has neither disputed the debt nor requested verification of the debt. In response to the second question, the Commission states that state laws and court rules that prohibit debt collection law firms from including validation notices in court documents are not pre-empted by the FDCPA.
The Commission vote approving the advisory letter was 5-0.
Copies of this and other Commission statements are available from the FTC's web site at http://www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580; toll-free: 877-FTC-HELP (877-382-4357); TDD for the hearing impaired 1-866-653-4261. To find out the latest news as it is announced, call the FTC NewsPhone recording at 202-326-2710.
(FTC Matter No. P964811)