Is Your Envelope “Benign” Under The FDCPA?

Tomio Narita

The FDCPA prohibits a collector from placing “any language or symbol” on a debt collection envelope, other than the collector’s address.  That’s right, you read that sentence correctly – absolutely nothing can be safely placed on the envelope, except for the collector’s address.  A collector cannot even put its own name on the envelope, unless the collector is certain the name does not indicate that the company is in the debt collection business.

Courts have held that collectors may violate section 1692f(8) simply by placing their own name on the envelope:

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