UNITED STATES OF AMERICA
February 10, 1994
John D. Krisor, Esq.
Dear Mr. Krisor:
This responds to your letter dated February 3, 1994, in which you asked about the application of section 811(a)(2) of the Fair Debt Collection Practices Act ("FDCPA"). Specifically, you ask whether a debt collector may bring a legal action to collect a debt that was incurred for medical services in the judicial district where the services were performed, absent a contract signed by the consumer.
The provision at issue reads as follows:
In our view, if medical services were provided pursuant to an oral contract -- as opposed to the signed contract referred to in FDCPA §811(a)(2)(A) -- the debt collector may sue only where the consumer resides, as permitted by FDCPA §811(a)(2)(B). The collector may not sue where the services were performed (if that is different from the consumer's residence) because that is not included as a permissible forum location by this provision. See Staff Commentary on the Fair Debt Collection Practices Act, com-ment 4 to section 811. 53 Fed. Reg. 50097, 50109 (12/13/88).
The views set forth in this informal staff opinion letter are not binding on the Commission.
Clarke W. Brinckerhoff