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Sub: #17
Replied on 01-25-2011, 06:24 AM
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The problem is what is known as the Foti ruling which now requires agencies to leave the extended message. By stating who the call is for and advising to listen in private, many courts have ruled in favor of the agencies, because the agencies made every attempt to make sure the correct person heard it. Also, it is much easier to prove that Foti was violated than it is to prove 3rd party disclosure.

limaperu
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Sub: #18
Replied on 03-11-2011, 06:02 PM
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I just got a call from a local business about a NSF check that was written to their business and they said that if I don't pick up this check by monday they would then drop off the check at the local police department. My message is generic and I'm not the only person living at my residence so anyone can hear this. Usually when something of that nature happens they just say to have whoever they are calling for to please call them back about a personal financial matter. They don't spell out what the issue is and don't make threats. My question is, is it legal to do this?




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Sub: #19
Replied on 03-11-2011, 06:13 PM
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The local business is not a collection agency and thus they can say anything they want. They are not governed by the FDCPA. And a lot of businesses do use the police department to assist in check collections.....




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