UNITED STATES OF AMERICA September 13, 1996 Darren Charest Dear Mr. Charest: This is in reply to your recent letter concerning your "messaging and call transfer system" described therein. I hereby incorporate it by reference in this answer. Third party contacts for the purpose of acquiring location information about the consumer (e.g., the consumer's telephone number) are governed exclusively by Section 804 of the Fair Debt Collection Practices Act (FDCPA) (copy enclosed). You will note that Section 804(1) of the FDCPA requires the debt collector to "identify himself, state that he is confirming or correcting location information concerning the consumer and, only if expressly requested, identify his employer." It does not appear that the message quoted in your letter complies with this requirement, since it does not mention that its purpose is to confirm or correct location information concerning the consumer. Therefore, a collection agency using this message would violate Section 804 of the FDCPA. I hope this has been helpful. Sincerely, John F. LeFevre |