Identification of Debt Collectors on Voice Mail Messages
By Nicholas Ortiz, Boston Bankruptcy Attorney on Oct 9, 2007 in General Bankruptcy Information
A debt collector when communicating with a consumer must state that the communication is from a debt collector. See 15 U.S.C. 1692e(11). A recent controversy under the Fair Debt Collection Practices Act (”FDCPA”) is whether debt collectors must make this statement when they leave a consumer a voice mail message. In a decision that has persuaded because of its clarity and sound reasoning, the United States District Court for the Southern District of New York held in 2006 that debt collectors did have to identify themselves when leaving voice mail messages. Foti v. NCO Financial Systems, Inc., 424 F. Supp.2d 643 (S.D.N.Y. 2006). If you receive a voice mail message from a debt collector and the caller does not state that “the communication is from a debt collector” you may have a worthwhile case under the FDCPA.
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