Debtconsolidationcare.com - the USA consumer forum

Can I Sue Them for This?

Date: Sat, 03/31/2007 - 09:33

Submitted by anonymous
on Sat, 03/31/2007 - 09:33

Posts: 202330 Credits: [Donate]

Total Replies: 11


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.


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.


lrhall41

Submitted by finsfan13 on Sat, 03/31/2007 - 10:19

( Posts: 6919 | Credits: )


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.


lrhall41

Submitted by aciotsf on Sat, 03/31/2007 - 12:22

( Posts: 511 | Credits: )


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.


lrhall41

Submitted by SUEBEEHONEY70 on Sat, 03/31/2007 - 12:51

( Posts: 4583 | Credits: )


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

[quote]???? 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(2) not state that such consumer owes any debt;[/quote]

When I was in collections, it was totally taboo to leave any other information than my name, phone number and office hours. Anything else could be deemed disclosure.


lrhall41

Submitted by SOAPLADY on Mon, 04/02/2007 - 13:30

( Posts: 17315 | Credits: )


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


lrhall41

Submitted by on Fri, 08/10/2007 - 01:14

( Posts: | Credits: )


Quote:

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

Absolutely not! Get a written notorized statement from the mutal friend ASAP and file a complaint with the CA. You just made yourself at least $1000.


lrhall41

Submitted by SOAPLADY on Fri, 08/10/2007 - 04:53

( Posts: 17315 | Credits: )


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.


lrhall41

Submitted by on Fri, 08/10/2007 - 05:35

( Posts: | Credits: )


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.


lrhall41

Submitted by JCEMT on Fri, 05/02/2008 - 05:56

( Posts: 2934 | Credits: )