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My Mother called me today saying she received a vo

Date: Thu, 05/05/2011 - 21:22

Submitted by anonymous
on Thu, 05/05/2011 - 21:22

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Total Replies: 2


My Mother called me today saying she received a voice mail from a "person" who stated his name, and that I was being summoned to court for whatever reason. And then provided a phone number to call back, and a claim number. First of all, i figured this is just a crazy scary threat from some collection agency...I didn't even get the message. It's my mother's cell phone, whom i have not lived with for 13 years! How they got her number, I don't know. But logically thinking, you don't sue people on voicemail, right? What's this all about?


Under FDCPA 805(b), a debt collector may not communicate with any party other than the consumer other than to ask for location identfication information (FDCPA 804). That is limited to the address and/or telephone number of the consumer, and may not even mention the dreaded word "debt."
In communication with any third-party, the debt collector may NOT state that the call is in relation to any debt owed by the consumer.
Unless they are communicating directly with the consumer, they cannot conduct any subtantive discussion of anything that implies the owing of a debt. I guess that they are presumng that any call to that number is restricted only to access by the owner of the phone. That is a pretty flimsy assumption.


lrhall41

Submitted by Lian on Fri, 05/06/2011 - 01:44

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