“FDCPA Does Not Give Debt Collector the Right to Leave Messages on Your Phone Answering Machine”

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The BKBlog has posted an article about consumer protection offered by the Fair Debt Collection Practices Act when dealing with collection agencies. Under the FDCPA, credit card companies and collection agencies have different regulations. A credit card company could contact the debtor and not be under the same regulations as a collection agency.

Two of the protections provided by the FDCPA include:
-a prohibition against communicating with a debtor when the collection agency employee does not identify himself as a debt collector; and
-communicating about your debt with third parties

The article brings up a case that was filed that has “clarified the rules about telephone messages by bill collectors.”

The case of Edwards v. Niagara Credit Solutions involved a situation in which the debt collector (Niagara) left “bare bones” messages on a phone answering machine asking Ms. Edwards to call back about an “important matter.”

The collection agency argued the caller didn’t identify himself as a debt collector in case a someone other than the debtor were to hear the message, which would be a violation of the “third party communications” prohibition.” The court stated that…

that it is not permissible to violate one provision of the FDCPA in order to comply with another provision. The Court further noted that the FDCPA does not guarantee a debt collector the right to leave answering machine messages.

If you have received similar phone messages and live in Alabama, feel free to contact us. Or you can go to our website that is devoted to illegal voicemails from collectors and request our free report on “Making Debt Collectors Pay For Illegal Voicemails”.

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