If You Are Not "John Doe" You Need To Hang Up Now.
Date: Thu, 10/11/2007 - 15:03
I can say my phone number has not changed and it is still in service, so there should be no reason why they aren't calling me.
I did call the woman back the first time and left a message on her voicemail that she was to have no contact with me, or any other third party regarding me, by phone; only by USPS. I also got their fax number off this website and sent the same request by fax; I have confirmation of the fax going through.
I have gotten the same calls on answering machine, saying if you
I have gotten the same calls on answering machine, saying if you are not ----- do not listen to this message. I would think this is not legal for them to do this.
As long as they aren't saying you owe a debt and what type of de
As long as they aren't saying you owe a debt and what type of debt it is then it's legit.
I don't think you can put a C&D reguarding third parties. But I am not sure.
Are they saying that you owe money on the answering machine or a
Are they saying that you owe money on the answering machine or are they just asking you to contact them. I have had the same types of messages that are asking for a callback, but are not leaving the name of their company. They give a phone number and a reference number to pull up when I call back.
More Information
In the first message, the woman left the name of the company, advised it was imperative I return their call, and read the little "This is an attempt to collect a debt and any information obtained would be used for that purpose". So yes, in my opinion, she did say I owed a debt and she left this information on my Mother's telephone answering machine; a third party. Even if she is my mother, she does not need to know my personal information like that. This is why I sent the "Cease and Desist" advising them to communicate only with me via USPS; there is no reason they should be calling my mother. I also advised the woman of all this when I did call her back, leaving it in her voicemail.
I was under the impression they could only contact third parties trying to get contact information? They should not be leaving messages on a third party's answering machine starting off with "If you are not John Doe, then hang up now" and then divulging all my business. Right! Like someone's going to slam the phone down, or hit delete on their answering machine when they hear something like that, even if it is intended for someone else.
If a collector has a reasonable belief that this # is yours then
If a collector has a reasonable belief that this # is yours then they can leave a message. Leaving a name of a company doesn't divluge your personal information. Personal information is your social security number, stating that you owe a debt, how much that is, an account #, stating that you owe somehting to their client (name of client).
A C&D should have stopped calls to your # and any # they believed you lived at.
But what about the miranda thingy they left? Is that legal to le
But what about the miranda thingy they left? Is that legal to leave on an answering machine? I'd think NOT! And u can send a C&D letter for third party also!
Thanks for all ur info FYI!
:D
Ang
I am confused about that part of the post myself. The difference
I am confused about that part of the post myself. The difference between read and heard tells me two things. That there was a message and a letter.
Clarification
No, there has never been a letter from the CA, only telephone calls to my mother's phone number. I, on the other hand, have sent correspondence to the CA requesting they cease and desist communication by telephone.
Per Nco vs Foti case in Federal court,they are required to leave
Per Nco vs Foti case in Federal court,they are required to leave the mini miranda in a voice mail because that case considered a voice mail or answering machine message a communication under fdcpa. Regarding your cease and desist,if they have been informed in writing to communicate by written method only they are in violation. Since they received your letter they cannot even claim to use third party to get your contact information. If this is a partial c&d they could be in violation with the message.If it was a full c&d they are allowed to contact once more per Fdcpa rules.
Okay
Yes, they did leave the mini-miranda, for me, on my mother's answering machine. Not my phone number.
Now I'm confused by the difference between partian C&D and Full C&D. I think I only gave them a partial C&D, as I did advise them I only wanted them to communicate directly with me via USPS. Is this correct?
What is a full C&D?
I guess it is a moot point, though, as I still have not received anything in writing from this CA. Ever. The CA is FNCB, Inc.
Thanks everyone for you input and information, BTW.
Well I would consider it two violations. Third party disclosure
Well I would consider it two violations. Third party disclosure since it is not your phone number and violation of your partial c&d. Since I am not a lawyer I would suggest you contact a consumer attorney to check your evidence.
Thanks!
Done and done! I just wanted to make sure I wasn't over-analyzing whether or not they were violations of the fdcpa. I also wanted to see if anyone else had the experience with the whole "If you are not John Doe, then hang up now" situation.
Thanks again for all the information!