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Can a Credit Collector leave a message ?  

0
Hello.
I have a question can a credit collector leave you a message on your answer machine stating that "if you do not reach them that particular day by 5pm they will perform an audit on you?" The guy who called identified himself and who they were calling for and for what but he also added that bit to his message. I was just wondering if he could do that. Especially since the debt was for 1,100.

Thank You.
 

asked Jan 3, 2005 09:17 AM

Anonymous
Best Answer
8
best answer

A collection agency CANNOT leave a company name. The logic behind this is that they could violate fdcpa with 3rd party disclosure if anyone other than the debtor hears the message. Would you want to play your answering machine in front of you mother in law and hear "call ABC collection agency at....."?

answered Oct 11, 2007 04:56 AM

15 Answers

1

Hi Monica,

Welcome to debt consolidation care forum. Wish you a very happy new year.

As to your query the collection agency may do whatever they want, but that doesn't mean they have every right for those actions, most of all with the harassment calls. As soon as they call you again, ask and request them to send you a written notice with their name, address, phone number, the account number, amount owed and the date the debt was incurred and the original creditor.Tell them you plan to respond, but you need to have written documentation for your records.

The “Fair Debt Collection Practices Act” enacted by Congress to regulate the activities of the debt collector can help you. If the agency fails to comply with the law, you have the right to take civil action against them.

For further information, contact your local FTC office for a copy of the law, and reference Section 813, civil liability, and file a complaint with the FTC.

Good luck and keep in touch, let us know how it goes.

Regards,
Simon

answered Jan 3, 2005 09:35 PM

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I am wondering also about collectors. I had a guy from Arrow Collections tell me I needed to call them by 5p tonight or the police would come and arrest me. Guess what i am still without handcuffs, what is up with that? I think they are looking for money from an old phone bill but that was like 8 1/2 years ago, not sure what to do, any ideas?

answered Oct 10, 2007 07:25 PM

Anonymous
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Regina, it was nothing more than a scare tactic. If you let us know what state you are in we can post the sol for you

answered Oct 10, 2007 07:27 PM

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The only type of debt that the police will come arrest you for is hot checks or unpaid tickets. There is no debtor prision.

It is a violation of the fdcpa to say things like that. It is also a violation to disclose financial/personal information on a voice mail or what the call is about in detail. The most they should say is that it is an important personal business matter.

answered Oct 10, 2007 07:33 PM

FYI
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By law, all a debt collector can leave on an answering machine is a)their name and b)their phone number. Leaving office hours is OK. That is it!! They cannot leave their company name, or any information that would suggest or imply a debt. Hope you guys kept those messages.....you can make some money off them for fdcpa violations!!

answered Oct 10, 2007 08:51 PM

0

By law, all a debt collector can leave on an answering machine is a)their name and b)their phone number. Leaving office hours is OK. That is it!! They cannot leave their company name, or any information that would suggest or imply a debt. Hope you guys kept those messages.....you can make some money off them for fdcpa violations!!

answered Oct 10, 2007 08:51 PM

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They can leave a company name. And it's in the huge grey area and I am not sure if it has to be a recording but I am sure they are allowed to say a debt collection company.

answered Oct 11, 2007 04:20 AM

FYI
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Not all collection agency names have collection or debt in their name. Companies have and do leave their name on voice mails every day.

3rd party disaclosure protects personal information. for instance they can't say I am calling about your Bisa that is 3 months past due. A company name isn't third party disclosure.

I've actly spoken with an attorney about this when NCO was calling and leaving a message stating that they were a debt collection company. It was a recording. They were calling for a medical bill that was already paid. The attorney told me that as long as they didn't say what they were calling for then it was still legal. Very grey but legal.

answered Oct 11, 2007 04:32 PM

FYI
0

And no, I wouldn't want to listen to a recording like that in front of anyone but unless they are saying I am calling you because of a debt you owe on the recording disclosing personal info it's still pretty much ok.

You may not like it and in fact I would never leave a message like that for the simple reason it could tick someone off.

answered Oct 11, 2007 04:36 PM

FYI
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