UNITED STATES OF AMERICA
August 30, 1996
Mr. John P. Fedele, President
Dear Mr. Fedele:
Thank you for your recent letters concerning whether your company is covered by the Fair Debt Collection Practices Act (FDCPA) (copy enclosed). You state that your company takes assignments of existing judgments from judgment creditors (debts in default) and collects them through the execution process. You ask whether the FDCPA applies to your activities. I apologize for the delay in replying.
In my opinion, the answer is yes. Although I do not know the person at the Commission with whom you conversed, your company clearly seems to be one "... the principal purpose of which is the collection of ... debts" (Section 803(6)). In addition, since JCS routinely takes assignment of debts in default for the purpose of collection, we do not believe JCS qualifies as a "creditor" under the Act. (Section 803(4)).
In this circumstance, JCS would be required to comply with the notice requirements in the Act, as prescribed by Section 807(11) and 809.
I hope this responds to your inquiry.
John F. LeFevre