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Valued Contributor
Lady_Scarlet
Posts: 2,385
Registered: ‎09-10-2007
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Attorney Disclaimer - is it 'legal'?

Just got my hands on girlfriend's collection letter (she's sitting here so all help apprecciated by her).
 
Reads at top
"Law Office of Mitchell N. Kay, PC"  on the reverse it has a disclaimer: "At this point in time, no attorney with this firm has reviewed the particular circumstances of your account"
 
So how can this be sent by an attorney or appear to be?  And is this this kosher?
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Contributor
LittleCat
Posts: 103
Registered: ‎11-15-2007
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Re: Attorney Disclaimer - is it 'legal'?

Funny-I got one of these yesterday actually....but....it is for a debt that is so old-about 10 years old, and long off my report....I guess they never stop fishing!
 
I too, would love to know about the whole 'from the desk of attorney jack' but 'as of now no attorney has reviewed this'
 
Huh!
Valued Contributor
netpanther
Posts: 1,694
Registered: ‎08-07-2007
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Re: Attorney Disclaimer - is it 'legal'?

Sounds like a double ended way to me of grabbing your attention because of the word "attorney" and yet trying to keep it legal by saying "no attorney has knowlege of ..."
 
ugh. makes me ill.
Established Contributor
dizzier
Posts: 733
Registered: ‎10-23-2007
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Re: Attorney Disclaimer - is it 'legal'?

when i was a legal assistant we used to do this all the time. all it means is that the letter was either drafted by a legal assistant/paralegal, or it's a form letter that is sent to everyone. Attorneys are generally assigned lots of cases sometimes over 100 and they generally have legal assistants and paralegals that actually do all the routine things on their files.

In law firms attorneys do not look at EVERYTHING that goes out. There is nothing illegal about it. there most likely is an actually attorney assigned to your file (and 100 others).
____________________
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Until Chase lowers my ridiculously high APR they can kiss my patootie! Their card has been retired to the sockdrawer. :smileymad:
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llecs
Posts: 32,869
Registered: ‎08-04-2007
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Re: Attorney Disclaimer - is it 'legal'?

"A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
 
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney. "   ...so says 15 USC 1962e of the FDCPA.
 
Looks like they are skirting the law with that letter.
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dizzier
Posts: 733
Registered: ‎10-23-2007
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Re: Attorney Disclaimer - is it 'legal'?



llecs wrote:
"A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney. " ...so says 15 USC 1962e of the FDCPA.
Looks like they are skirting the law with that letter.



they really aren't. the letter came from a law firm, was drafted and sent from the law firm to the OP. There most likely is an atty assigned to the file and at any rate they noted that the case may not have been directly reviewed by an atty.
____________________
FICOs: (as of 12-10-08): EX 759 | (as of 01-24-10): EQ 794 TU 756 EX ? | (as of 3-17-11): EQ 794 TU 790 EX ?

Until Chase lowers my ridiculously high APR they can kiss my patootie! Their card has been retired to the sockdrawer. :smileymad:
Established Contributor
beach123
Posts: 570
Registered: ‎05-02-2007
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Re: Attorney Disclaimer - is it 'legal'?

What did you end up doing?  My friend just got a "second demand" stating no response was rec'd, but we can prove (CMRRR) that they rec'd first request for DV, and the letter has the same comment...
 
Thanks!
New Member
cajunbulldog
Posts: 3
Registered: ‎12-06-2007
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Re: Attorney Disclaimer - is it 'legal'?

The reasoning behind that message is attorneys being considered debt collectors under Fdcpa. A few firms were hammered for flat-rating(basically renting letterhead) so this safe harbor statement was developed to show that even though it came from a law office,it has not be reviewed by a attorney.Just my two cents.
11-23-07 Fico EQ 762 EX 770 TU 769 New accounts dropped score.
Valued Contributor
Lady_Scarlet
Posts: 2,385
Registered: ‎09-10-2007
0

Re: Attorney Disclaimer - is it 'legal'?

hasn't been picked up by them yet and hasn't been returned yet.  I think we will send another one to the address they specified for payment - bet they accept that one!
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Established Contributor
beach123
Posts: 570
Registered: ‎05-02-2007
0

Re: Attorney Disclaimer - is it 'legal'?

I'm wondering if he should just file for some violation (lying) basically...in small claims?  Again, this company is in NJ, he's in MN...
 
To keep seeing what these CA's are getting away with is one that makes blood boil...they don't have to PROVE they sent anything & that it was rec'd, but we consumers have to do it all to prove OUR case...

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