Internet's first get-out-of-debt community - 136,000 members

Guest · Posted: Sat Mar 31, 2007 9:33 am Subject: Can I Sue Them for This?

A collection agency (NCO Financial) left two messages on my answering machine stating that they were calling about a debt I owe, saying their standard statement that it was an attempt to collect a debt. Can they do that, i.e. leaving a message that they are collecting on a debt? Wouldn't that be the equivalent of releasing information to a third party since they don't know if I live by myself or with someone else? I still have both messages on my answering machine.

Guest · Posted: Sat Mar 31, 2007 9:50 am Subject:

Sure, that is a violation of the fdcpa rules. My question to you is, do you owe this debt they are calling about? If so, you should be focused on validating it, getting it paid and then worry about suing.

Posted: Sat Mar 31, 2007 10:19 am Subject:

I have dealt with NCO in the past, and I know the message you're talking about. No, this is not a violation. In the message, they don't say who they are calling for, they just state their name and say that by law they are required to say they are calling to collect a debt, and any info they might receive would be about that. They were an extremely professional CA to deal with..As long as they aren't giving any info about the debt on the machine, then they are within guidelines.

Posted: Sat Mar 31, 2007 11:28 am Subject:

I agree with fins that this is not a violation. However my experience is that they are professional to deal with in the beginning and then eventually commit violations of the fdcpa and/or state law if they don't get their way.

Posted: Sat Mar 31, 2007 12:22 pm Subject:

Save all the phone calls. You might need them when they start violating the laws in the later stage. Check the laws in your state if you are allowed to record secretly or need to take their consent. Maintain a log file with date, time and the name of the person spoken to. This information will come handy when you want to pursue legal actions with your attorney.

Posted: Sat Mar 31, 2007 12:51 pm Subject:

Leaving a message stating "this is an attempt to collect a debt" is not a violation of the fdcpa - it's the same statement they would make when you call them or answer their call. It doesn't list specifics about the debt, how much you owe, or what the debt is for.

I would definitely contact NCO regarding this debt - I've had dealings with them in the past, and they were fairly decent to work with on payment plans. By all means, do not ignore them, especially if you know you owe the debt. If you are not sure, request validation of the debt.

Posted: Mon Apr 02, 2007 1:30 pm Subject:

Actually this would be violation of third party disclosure if someone else hears it. How does he know that it is your phone??

J.P Wellington · Posted: Fri Aug 10, 2007 1:14 am Subject: disclosure

Can a collector that knows a debtor personally call a mutal friend and give them all the info of your debt. Like the amount owed and private info

Posted: Fri Aug 10, 2007 4:53 am Subject:

Guest · Posted: Fri Aug 10, 2007 5:35 am Subject:

ASG has called here leaving a message 'we are calling for-----. if you are not----, do not listen to this message. This is ASG, We are attemting to collect a debt from you, call######## ASAP....'. So they sometimes DO state the persons name so ALL can hear. I also get calls where no one is on the other end when I pick up, and I am not waiting on the line for someone to become available! When they get their act together and do things in a human way then I will attempt to work with them, until then....they are wasting their time.

petrick · Posted: Thu May 01, 2008 4:04 pm Subject: How do I start a law sue?

A company used a fake cashier check took money out of my account. How do I start a law sue against them?

Posted: Fri May 02, 2008 5:56 am Subject:

The first thing I would suggest is filing complaints with the Federal Trade Commission, your state Attorney General's office, a fraud claim with your bank and possibly even filing a police report. As to your lawsuit check my signature link, near the bottom of the page there is a WEX legal dictionary as well as civil procedures by state/district. If you would like to have a consumer attorney represent you you can try the National Association of Consumer Advocates at naca.net.

*Name:
*Email:
*Phone:
*Zip:
*Debt

	* denotes required field

Internet's first get-out-of-debt community - 136,000 members

Can I Sue Them for This?

Members Area

Free Debt Counseling

Ask the community

Also See

Featured Discussions

Featured Articles

Recent Forum Discussions

Recent Blog Post