UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580

Division of Credit Practices
Bureau of Consumer Protection

March 8, 1996

Gordon N.J. Kroft, Esq.
Tenny & Bentley
111 West Washington Street
Suite 1900
Chicago, Illinois 60602

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