Topic: FDCPA Violation -- initial voice mail ?

[howucantoo]

Sunday, is not a holiday for collection agencies.

Calls can be made from 8 AM-9PM every day of the week .

[chester474]

Where debt collectors have left voicemails on my telephone stating the call is "an attempt to collect a debt" I have prevailed in my cases for violation of the Fair Debt Collection Practices Act of 1977 (FDCPA) without showing an unauthorized third party has in fact heard the message.

In fact, I live alone and still prevail.

The attorney for the debt collector has never asked me my family circumstances and if in fact the message stating the call is an "attempt to collect a debt" was in fact heard by an unauthorized third party.

Likewise, where the outside of the envelope indicates it is from a debt collector I do not have to show an unauthorized third party actually saw the envelope.

[cgoodwin]

Chester, not to start an argument, but I'm assuming "prevailed" means settled.  And trust me, I love to see them pay. But the likely decided it would be less expensive to settle than to fight.

It is not a violation alone for them to leave a message that it is an attempt to collect a debt. The violation spelled out in the FDCPA is that they cannot reveal the information to a third party. The message has a potential of third party disclosure, but is not a violation until 3rd party disclosure occurs. If have read case law on the issue when I was researching my claim. I will see if I can locate it.

The envelope example you give is different, because it is spelled out what markings are a violation, so no other event needs to occur if they use these markings.

[arnanda]

Thanks for the info Arnanda.  I also got a voicemail from Joe Blando.  Sorry you had the same experience, though it is good to know that he follows almost the EXACT same script.  I'm not sure if I want to actually file a complaint. 

cgoodwin, how many messages/voicemails was your FDCPA complaint based on ?

It wasn't for me, but for my brother.  They went away when I complained to the FTC/ACA International and sent them a CMRRR letter to stop calling me for my brother.  You have violations with just that one voicemail.