Legal Question in Credit and Debt Law in California

I received a letter from a collection service and on the envelope it says "financial debt recovery" as part of the firms name in the return address window. Isn't this a violation of debt collection law FDCPA?


Asked on 8/14/12, 10:20 am

1 Answer from Attorneys

Asaph Abrams Law Office of Asaph Abrams

Per the FDCPA--15 USC 1692f �808(8), the following debt collection act is a violation of federal law:

"Using any language or symbol, other than the debt collector�s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business."

So, the answer is yes. While the FDCPA's legislative purpose is to deter abusive collection tactics, the thing has no teeth and violations are common. Protection afforded under 11 USC--the Bankruptcy Code does comprehensively redress creditor abuse.

P.S. since the above applies to both mail AND telegram, it's implicit that Pony Express violations are likewise verboten.

This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn�t address all facts & implications of the question; it�s general info, not legal advice to be relied upon. Exceptions apply. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it�s independent of other answers. It may be time sensitive, as in past the �Use by� date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action.

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Answered on 8/14/12, 10:36 am


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