Hello, I have been reading the blog for a long time and have encountered many discussions and references to various FTC opinion letters. What are the letters I should read and how are the applicable? I am sure lots of other people would appreciate this information as well. We are know â??Cassâ? but what are the others? 1. Letter name? 2. what is it used for? Thanks!
FTC opinion letters aren't directive thus, they're not binding on a court. However, they do make for some interesting reading. I would read all of them regarding the FCRA and FDCPA.
What are the important ones? Thanks for the quick response. However I am looking for more of a legalistic view of the important letters and how they apply when disputing. For example, I was repairing my own credit and had to send the collection agency a validation letter and they responded with a computer print out. So after researching I found the Wollman letter and iincluded that in my reply. What would be super helpful is for someone here to create a list of all the important opinion letters and how to use them. I know it would of saved me tons of research time.
While many aspects of the collection process are cut and dried, each circumstance requires a specific strategy and having a simple flow chart might serve as a guide, but it's no substitute for research so you know when to apply what and why. Otherwise, you'll be following one path while the CA and/or their lawyer will come at you from another and you might not know what hit you. First, it's hard to know what you want to do and why. I'm guessing that you're hoping if you send the right letter with the right citation or case reference, the CA will bow to your legal acumen and run for the hills. I'm not an expert but I haven't heard of that happening. The only letter that gets their attention is the one delivered by the Sheriff that says "You're invited to join me in Federal court to discuss your FDCPA violations in front of a judge." CA's just use the "You violated section XYX and PQR of the FDCPA so if you don't shape up, I'm gonna sue you" letters as birdcage lining. So, there you are with a CA who sent you a computer printout as an excuse for verification. That may or may not be sufficient. If it came from the OC and contains the OC's name and address and was sent to you by the CA, it's entirely possible it's sufficient according to the FDCPA. If the CA sent you a computer print out from their computer, then it might not be sufficient. The Wollman letter (FDCPA Staff Opinion: LeFevre-Wollman) might apply, but sending that to the CA is just going to make their bird more comfortable. The only place that would have any influence is if you included that as a reference in your federal law suit and your circumstances were similar. If you're looking for references, Google is your friend. Search for "Annotated FDCPA" to find some of the available research in summary form. Another reference for entertaining reading on long winter nights is the PACER service (PACER Service Center Home Page) it's a pay service, but worth every penny if you want to see how others have handled their cases. Also, search this site. http://consumers.creditnet.com/Disc...fdcpa-article-must-read-32377.html#post232133 has another annotated FDCPA. You might also want to look up the US Code (United States Code: Main Page) to see how the FDCPA has been revised over the years. It's a lot of work and the only place to work it out is in court because, the bottom line in dealing with a CA is that unless you take them to court, they'll do whatever they want. Threatening to take them to court just makes them giggle (like, if they had a nickel for every one who did that, they wouldn't need to try and collect on the debt). I wish there were an easier way, but I haven't heard of one yet. Good luck with your battle.
