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Old June 13, 2009, 02:49 PM
kathrynmerci
 
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Default Re: Here's Another Idea For Bad Times

I love this idea and, the wheels are really spinning.

I just did a search for pre-collection letters and something a little disturbing came up...

Fair Debt Collection:

"1. False collection/dunning letters

This section prohibits the practice of selling to creditors dunning letters that falsely imply that a debt collector is participating in collection of the debt, when in fact only the creditor is collecting.

2. Who this section applies to.

This section applies to anyone who designs, complies, or furnishes the forms prohibited by this section.

3. Misleading/False pre-collection letters.

A form seller may not furnish a creditor with

(1) a letter on a collector's letterhead to be used when the collector is not involved in collecting the creditor's debts, or

(2) a letter indicating "copy to (the collector)" if the collector is not participating in collecting the creditor's debt.

A form seller may not avoid liability by including a statement in the text of a form letter that the sender has not yet been assigned the account for collection, if the communication as a whole, using the collector's letterhead, represents otherwise."

Now, I am wondering....how can you get around this? Can you simply have something on YOUR company letterhead that says "so and so has alerted us that you delinquent on this account and you have x time to pay before collection action will begin...." Something like that?

I would love to pursue this but, without examples of letters or further explanation, I can't be sure it's legal.

If anyone could help, I would appreciate it!

Regards,
Kathryn
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