USE OF TELEPHONE FOR DEBT COLLECTION PURPOSES

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP72-00310R000100430002-8
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
5
Document Creation Date: 
December 12, 2016
Document Release Date: 
April 9, 2002
Sequence Number: 
2
Case Number: 
Publication Date: 
July 7, 1970
Content Type: 
MF
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PDF icon CIA-RDP72-00310R000100430002-8.pdf420.79 KB
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Approved For Release-2002/05/08 : CIA-RDP72-00310R000109430002-8 7 July 1970 MEMORANDUM FOR: Assistant Manager Credit Union UWECT: Use of Telephone for Debt Collection Purposes 1. Your memorandum of 1 July 1970 attached a Credit Union League news brief which included an excerpt from the Federal Register of 16 July 1970, page 9873 on this subject. The information in the news brief Is incomplete and. I believe, misleading. For your information I attach a complete copy of the Federal Communications Commission notice which appeared in the Federal Register cited above. STATINTL 8. There is no reason to believe that normal use of the telephone by the Credit Union to assist in collection of overdue accounts is proscribed by the FCC or the telephone company tariffs. Calls to the debtor or his employer ear se are not pro- hibited. The restriction is against unreasonable use of the telephone so as to frighten, abuse or harass the debtor. I assume you do not do this and do not make threats or untrue allegations. Under these circumstances, your use will not be in violation of Federal law or regulations. Assistant General Counsel NTL OGC? ab Di st rtrrarrdn: Orig. & 1 - Ad 'essee 1 -'.E PLOYEE RELATIONS & ACTIVITIES 1 .. JDM Signer Approved Fdr R a@rM02/05/08 : CIA-RDP72-0031OR000100430002-8 STATINTL 61 Approved For Releas 1002/05/08 : CIA-RDP72-00310R00010S430002-8 Policy Implementation, Office of risf.uiit Secretary for Health and iie Afairs. i in, i.hc c'.coined service the po- ! )uputy Assista!it Secretary for uNI TT'Arl (Z't'ATi;5 CIVIL SERV- u5; (.'OMMiSSION, ,r.reEs C. S1v12Y, Executive Assistant to the Conv aissioners. -7156; Filed, June 15, 1970; 8:?17 a.ni.] Uapf.,,aa~itT1oNI$ int;ly permit "ui,iicrs to use his telc- 2. Prior to filing its abovv:-rr..ca phone" for mood purliose. Penalties for application, L. ^.:r;land I 1 ':. violation of section 223 are a fine up to Inc., by letter dated August 3:, ob- $500 or 6 months' imprisonment, or both, jected to any further renew ;.1 of license 47 U.S.C. 223. of aeronautical advisory Lion KJA7 The Commission is concerned that on the grounds that Roberts Flying some users of telephone service may be Service, Inc., has repeatedly operated it unaware of their obligations to refrain -ration in Violatiau of L'7.:357 (a) and from using the service for abusive or (b) of the Cancan;:,loon';; rule;. Section hara:;sinrg; calls. It is also concerned that 87.257 (a) and obi of the Cuin!nir.r,ion's other users may be wilfully and re- rule; requires that at all Limes when an pcatedly violating the provision of the aeronautical advisory station is in op- tariffs and the applicable statutes, and oration, nonpublic service shall be pro- that the telephone companies are not vided to any private aircraft station upon adequately enforcing their tariffs. Ac- request and without dis,crimi.nation, and cordingly, the Commission is issuing this that communications by such a station Public Notice in order that the public shall be impartial with respect to infor- may be informed of the requirements of lnation concerning similar f.vr,iia hie law in this area and so that users may ground services at the land area. By be alerted to their legal obligations in letter dated November 10, 19 !), David P. a FCC 70-6091 the use of the telephone and the penal- Johnson, pilot engaged in general avi- JSE OF DEBT ties for failure to abide thereby. The ation in the Lakeland, Fla., area, alleged T ` I "C~ 'c-'~a^~? c FOR has also this date sent that on several occasions when he was CGLLECtliON PURPOSES letters to the Bell, General, United, and engaged in cross-country flights the JUNE 10, 1970. Continental telephone systems request- Lakeland Unicom had failed to reply to The Commission has received informa- ing them to take positive steps to inform his request for takeoff or landing in- The that interstate telephone service is present and potential customers of the formation, and discriminated against being increasingly used for collection of requirements of law, and to effectuate him by providing other aircraft making claimed debts in ways that are or Inay be a more vigorous enforcement of their the same request in the period immedi- tariffs. ately following his futile efforts with in violation of applicable tariffs of the Action by the Commission June 10, full information pertaining to their pro- telephone companies and criminal 1970: posed landing. statutes. Practices alleged include calling at odd hours of the day or night; re- FEDERAL COMMUNICATIONS 3. Roberts Flying Service, Inc., donies rs COMMISSION, the allegation that it has operated sta- eace cans; nails +o fri-A s n i hb p e g o m a variety o Sccrelai y. and (b) of the Commission's rules, and In , y of " threats; """" calls "' assert- a lugfa by letter filed November 10, 1969, alleges i.ry falsely that credit ratings will be [P.R. Doe. 70-7469; Filed, June 15, 1070; that on various occasions since July 1966 hurt; calls falsely stating that legal 8:48 a.m.] y?'ocess is about to be served; calls de- to the present time, members of Lake- land Flying Service, Inc., have illegally rianding, payments for amounts not [Docket Nos. 18870, 18871; FCC 705731 used an unlicensed Unicorn radio trans- ot,ed; calls to places of employment; and mitten in direct violation of the Coni- calls misrepresenting the terms and con- ROI3ERTS FLYING Si ".VICE, INC., AND mission's rules, and have admitted d to ch.:ion of existing or proposed contracts. LAC{ELAND FLYING SERVICE, INC. such violations in a meeting between the Although many of these calls are placed parties and official representatives of the on a local basis, there is increasing indi- Order Designating Applications for cation that such improper practices also Consolidated Hearing on Stated city of Lakeland. involve use of interstate toll and Wide issues 4. In view of the foregoing: It is or- involve Telephone Service (WATS). dered, That pursuant to the provisions :aailfs of the telephone companies In regard applications of Roberts Fly- of section 309(e) of the Communications Io -lid use of the telephone " * * fora ing Service, Inc., Lakeland,, Fla., Docket Act of 1934, as amended, the above cap- cail or calls, anonymous or otherwise, if in No. 18870, File No. 86-A-RL-109; Lake- tioned applications are hereby deC?' :- a manner reasonably to be expected to land Flying Service, Inc., Lakeland, Fla., nated for hearing in a consolidated frighten, abuse, torment, or harass an- Docket No. 18871, File No. 65-A-L-99; proceeding at a time and place to be c nor;" or for calls that "* interfere for Aeronautical Advisory Station to specified in a subsequent order on the ossi?easonably with the use of the service serve the Lakeland Municipal Airport, following issues: oy one or more other customers;" or calls Lakeland, Fla. (a) To determine which applicant for "* * * unlawful purpose." Upon 1. Roberts Flying Service, Inc., has would provide the public with better violation of any of these conditions the filed an application for renewal of the aeronautical advisory service based on - telephone company can, -by written license of aeronautical advisory station the following considerations: notice, discontinue service "forthwith." -KJA7, Lakeland Municipal Airport, (1) Location of the fixed-base oper- These tariff regulations are filed with Lakeland, Fla., and Lakeland Flying ation and proposed radio station in re- this Commission pursuant to section 203 Service, Inc., has filed an application for lation to the landing area and traffic of the Communications Act, 47 U.S.C. a new aeronautical advisory station at patterns; 203, and are binding on the telephone the sane airport. Section 87.251(a) of (2) Hours of operation; company and customer alike. Users of the the Commission's rules provides that telephone service are also subject to the only one aeronautical advisory station (3) ) service; Personnel available to provide ad- enforcement proceedings provided for in may be authorized to operate at a land- sections 401 and 411 of the Communica- ing area. Therefore, the above-captioned (4) Experience of applicant and em- tions Act. applications are mutually exclusive. Ac- ployees in aviation and aviation commu- In addition to the loss of telephone cordingly, it is necessary to designate the nications; service for ;violation of the tariffs, section applications for hearing. Except for the (5) Ability to provide information 223 of the Communications Act makes it issues specified heroin each applicant is pertaining to primary and secondary a crime to use the telephone in the otherwise qualified. communications as specified in ? 87: 1`istrict of Columbia or in interstate or 257 of the Commission's rules; eign communication to make "re- ~ Commissioners Barney (Acting Chair- (6) Proposed radio system including rated telephone calls, during which man), Robert B. Lee, Johnson, H. Rex Lee, control and dispatch points; and er sation 4 1Re jkk" 2t38~/ 8 i~IA~F }Fg240840F40001(C 43 00 '4ability of the r die fa- lu- p son Approved For Release 2002/05/08 : CIA-RDP72-003104000100430002-8 1 July 1970 MEMORANDUM FOR SUBJECT Use of Telephone for Collection Purposes The following is an excerpt from a Credit Union League publication called "Newsbriefs": "Federal Communication Commission Warns About Using Phones For Collection Purposes The Federal Communications Commission has pub- lished a notice in the "Federal Register" of June 10, 1970 "in order that the public may be informed of the requirements of law" regarding use of the telephone in ways that may be a violation of law or applicable telephone tariffs. According to the announcement: "Practices alleged include calling at odd hours of the day or night; repeated calls; calls to friends, neighbors, relatives, employers, and children; calls making a variety of threats; calls asserting falsely that credit ratings will be hurt; calls falsely stating that legal process is about to be served; calls demanding payments for amounts not owed; calls to places of employment; and calls misrepresenting the terms and condition of existing or proposed contracts." My concern is with the amount of pressure we can apply via telephone and specifically the calls to places of employ- ment - does this prevent us from making any calls to the employer? I would appreciate your guidance in this matter. 2U July 1910. will be on annual leave through STATINTL Approved For Release 2002/05/08 : CIA-RDP72-00310R000100430002-8 C CREDIT UNION SERVICES, INC. has authorized the formation of a subsidiary company to be known as CUSCO, Inc., a Virginia corporation, for the purpose of operating a general insurance agency and other services. Counsel has prepared the Articles of Incorporation and the document will be signed by three incorporators on June 30. A stockholders' meeting will be held on July 7th for the purpose of electing the first board of directors. The new company will also be the contractor for credit union service centers. Negotiations are underway to establish the first service center in the Iverson Mall area. THE SENATE AND HOUSE are in general agreement on a provision to authorize $250 million to subsidize part of the cost of the Federal Home Loan Bank System advances to savings and loan associations. THE COMMERCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES is hearing testimony on the con- troversial issue of "class action suits." Pending before the Committee is a bill (H.R. 14931) to allow consumers the right to sue individually or as a class to recover damages or a rescission of contract from businesses conducting illegal business operations. SENATOR ALBERT GORE (D-Tenn.) has introduced a bill (S. 3979) which would establish a national maximum interest rate "for any regular credit or loan transaction entered into after July 1, 1971" of not to exceed 6%. The interest is defined as "the sum of all charges payable directly or indirectly" making the loan or credit extension The bill would make a willful violator subject to civil penalties of twice the total interest charge and attorney fees. It also directs the Federal Reserve System to initiate and sustain a gradual lowering of interest rates to the level of. 6% by July 1, 1971. FEDERAL COMMUNICATION COMMISSION WARNS ABOUT USING PHONES FOR COLLECTION PURPOSES - The Federal Communications Commission has published a notice in the "Federal Register" of June 10, 1970 "in order that the public may be informed of the requirements of law" re- garding use of the telephone in ways that may be a. violation of law or applicable tele- phone tariffs. According to the announcement: "Practices alleged include calling at odd hours of the day or night; repeated calls; calls to friends, neighbors, realtives, employers, and children; calls making a variety of threats; calls asserting falsely that credit ratings will be hurt; calls falsely stating that legal process is about to be served; calls demanding payments for amounts not owed; calls to places of employment; and calls misrepresenting the terms and condition of existing or proposed contracts." WHAT A NAME - Here is the name of a credit union located in Maryland. It will probably take a military mind to decode this one - NAVRECONTECHSUPPCEN Federal Credit Union. It has to be some kind of a Navy Technical Supply Center, or sompin. Approved For Release 2002/05/08 : CIA-RDP72-0031OR000100430002-8 Approved For Release 2002/05/08 CIA-RDP72-00310R000100430002-8 RERINE t,KATHY) F. LARSON served her last day as minager of the Treasury Department Credit Tinion on Friday, June 26. On Thursday the credit union officials had an . _" retirement program and on Friday invited frien..s and officials had a modest rarnwel1. party. Kathy joined the staff o+.. Trea.sucy FCU in 1957, when reported were approximately $300,000. The credit union reputed assets of $1,965,006 on 31, 199 and it now exceeds the $2 million mark. Kathy is looking forward to a toll month (December) in Puerto Rico and to so.^.e European travel in 1971. Good ac ::nappy retirement are wished by all her friends and associates. E'.- I.,ohr 1967 Cabin Cruiser. Freshwater cooling. Chrysler 290 H.P. Marine Engine- ;e. Exterior refinished this spring. Ship to Shore. Fishing rod holders. One Mast be seen at Weeks Marine RR, Hollvwood, Maryland, Illness in owner's Sloane) family reason for sale. Price, $6,75'i. For more information call League office - 737-5282. Fair credit billing legislation that will prevent consumers rs from being by computerized bill collectors - including bank-5 issuing credit cards - will be 1 in tiie Senate by Senator William Proxmire (D-W.s.). are, wno is chariman of the Senate Financial In-titutions Subcommittee, pledged proosed fair credit billing measure top priority. The Senator criticized lack of responsibility in correcting billing errors. "Many of this country's moss prestigious credit card companies have down themselves to be completely of correcting even the most simple billing error," Proxmire charged. "Many have pad to spend months and even years to clear up the companies' mistakes," ored -hat the companies claim they give prompt and personal attention to all TI-gat only in rare instance do they let customer inquiries slip by. are ''so fantastic as to suggest that either fir-.s have no systematic procedures i_ng errors or are attempting to blackmail consume>r.s into paying debts they did IN dE AMOUNT OF WEEKLY SALARY that most be p;:d to executive, administrative s"ona employees in order to exempt then from tine premium overtime pay require- L,e Fair Labor Standards Act was recently announred by the Labor Department. new rues, which became effective on February 2! executive and administrative musha paid salaries of at least S125 per week and professional employees must Sc $140 per week on a Salary or fee basis to qu.Lify for the exemption. The _a._es, set in 1963, were $100 and $115, respecti-ely. a l " NEWS FROM MERRILL LYNCH - Yields of U.S. Tre-sury bills were lower this week ,gym i5 to 33 basis points Dealer volume on a d..il.y average basis increased by a from the previous week. At Thursday's auction the 274-day bills due March were awarded at an average discount rate of 7.01:2% (7.352% last month) and the } due June 30, 1971, sold at an average discount rate of 7.079% (7.277% a At Monday's regular weekly auction the 3-month bills due September 24, 19,0, ed at an average discount rate of 6.626:' (6,731- last week). The 6-month bills 24.. 1970, sold at an average discount rate of 6.929% (6.947% a week ago). Approved For Release 2002/05/08 : CIA-RDP72-0031OR000100430002-8