Collection Messages Informative

Answering Machine format - CA Calls to Answering machines

4
Helpful Votes
Posted By: Mad Eye Moody on 12/15/2006

Location: IL

I recently was presented with an answering machine message where in they asked if this was "NAME OF PERSON", if this is not "NAME OF PERSON - please hang up. By not hanging up you're acknowledging that you are "NAME OF PERSON"; this is an attempt to collect a debt; any information will be used for that purpose...etc...blah blah blah.

Any thoughts on this friends? Illegal? Not? Why? Why not? (Yes I know the answer)

Is this an effective attempt to beat the 3rd party disclosure predicament presented when an answering machine can be (and has been) onsidered a third party - not to mention anyone who might be listening to the message who isn't the debtor/spouse?





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    User Discussion - Add your 3 cents!


    Lidman (12/15/2006)      

    This sounds like a scam by a half-wit trying to establish an information gathering attempt more then anything else. Illegal? I don’t know but if it is, it should not be. Effective attempt? Only if one does not hang up.
    Maybe it's DB?


    tnchuck100 (12/15/2006)      
    It's close. But, by the letter of the law, it is a violation of the FDCPA (FAIR DEBT COLLECTION PRACTICES ACT). Whatever you, do not attempt to deal with these people on the phone. Advise them you will only communicate in writing. Make them prove the debt in writing.

    bho55 (12/15/2006)      
    Ask them for their home number and you will call them back. I bet they don't give it to you...

    DebtorBasher (12/15/2006)      
    How can "they" hang up if the message is left on an answering machine? If no one is home to "Hang up"..then what all is left on the message? I do have issues about now being allowed to leave information on a machine...I've been back in forth in emails to other M3Cers on this issue. NO, DB DOES NOT AGREE WITH IT!

    DebtorBasher (12/15/2006)      
    Liddy...DB has much more class than that!

    Mad Eye Moody (12/15/2006)      
    I'm glad we see things the same way Basher. That's exactly the way the message was left. (It wasn't NCO)

    DebtorBasher (12/15/2006)      
    A message like that doesn't even make any sense...not even for a collector!

    DebtorBasher (12/15/2006)      
    Hey Maddy...how is the mini you doing? He's old enough to actually enjoy Christmas this year...Now remember, Daddy is supposed to by him toys for his age group, NOT Daddy's age group! Don't you dare buy him his first briefcase already...The Basher already has a telephone headset and Fisher Price telephone all wrapped up for him!

    DebtorBasher (12/15/2006)      
    HEY! How about that new feature up there in the corner...tells you how many trusted votes you got!

    Mad Eye Moody (12/15/2006)      
    Basher...check your Email and call me.


    Lidman (12/15/2006)      
    Well at least I got a rise out of you DB. lol but I did say the same thing "This sounds like a scam by a half-wit trying to establish an information gathering attempt more then anything else."

    warddw1526 (12/15/2006)      
    AS per judicial decisions, this message is now legal. If they can show a reasonable person could find that the number they are calling is for the debtor, they can leave that message as long as they leave the mini-memoranda, "this is an attempt to collect a debt; any information will be used for that purpose". One of the cases if you want to look up is Foti vs NCO

    Lidman (12/16/2006)      
    Ut, O! Here comes the NCO again....

    Mad Eye Moody (12/26/2006)      
    LOL!


    Mad Eye Moody (12/26/2006)      
    Moron


    Mad Eye Moody (12/26/2006)      
    "The pre–recorded message left by the defendant stated the following: “Good day, we are calling from [Defendant] Financial Systems regarding a personal business matter that requires your immediate attention. Please call back 1–866–701–1275. Once again, please call back, toll–free, 1–866–701–1275. This is not a solicitation.”



    Mad Eye Moody (12/26/2006)      
    "The court found that other than the agency name, the message contained no other suggestion that the correspondence was from a debt collector. Instead, a consumer would need to recall that it previously received mail from a debt collection agency in order to recognize the call was from a debt collector. The court found that placing such a burden on the consumer was unreasonable. Thus, the court determined the pre–recorded message FAILED to comply with the requirements of Section 807(11)."



    Mad Eye Moody (12/26/2006)      
    "In light of Foti and other recent decisions, ACA strongly recommends consulting with independent legal counsel as you decide how you will adjust your operations and compliance programs to comply with Foti and similar decisions."


    Mad Eye Moody (12/26/2006)      
    Dork.

    Mad Eye Moody (12/26/2006)      
    I...I'm just trying to see...Where EXACTLY citing this case helps you, Ward. I'm stumped.


    DebtorBasher (12/26/2006)      
    I agree with Maddy...(man...that took alot out of me to say...now I must go and rest).

    voiceoff (03/30/2007)      
    When they can't get a person to call (it is useless), they get a machine to do their harassing. It sounds illegal as the intent is to harrass.


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