UNITED STATES OF AMERICA March 8, 1996 Gordon N.J. Kroft, Esq. Dear Mr. Kroft: This is in response to your letter dated February 14, 1996, in which you request a staff opinion regarding the Fair Debt Collection Practices Act (FDCPA). You ask whether your firm complies with the FDCPA when it attaches the notice that you enclosed with your letter to each summons. Under the principals that the Supreme Court set out in Heintz v. Jenkins, law firms that are "debt collectors" presumably must include Section 809 notices in connection with every summons, if the summons is the first communication with the consumer in connection with the collection of a debt. Moreover, while we do not, as a matter of policy, approve specific language in collection notices, it does not appear that your notice violates the FDCPA. The views expressed herein represent an informal staff opinion. As such, they are not binding on the Commission. They do, however, reflect the staff's current enforcement position. Sincerely, Thomas E. Kane |