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Does "WWJD" Violate Fair Debt Collection Practices Act?

By Howard M. Friedman

The federal Fair Debt Collection Practices Act prohibits debt collectors from engaging in "conduct the natural consequence of which is to harass, oppress, or abuse any person" (15 USC 1692d) or using "unfair or unconscionable means "(15 USC 1692f) in collecting amounts owed by consumers. In Neill v. Bullseye Collection Agency, 2009 U.S. Dist. LEXIS 41931 (D MN, May 14, 2009), plaintiffs argued that placing "WWJD" ("What would Jesus do?") in the top corner of collection letters violated these provisions. They claimed that the practice "has the effect of invoking shame or guilt in alleged debtors and 'portray[s] the debtor as a sinner who is going to hell.'" The court denied defendant's motion to dismiss the claim, finding that plaintiffs had stated enough facts to make out a plausible claim. The court put off any consideration of the constitutionality of the statute.

Full post as published by Religion Clause on May 21, 2009 (boomark / email).