The debt collection business is volume-based. Employees of collection agencies
place tens of thousands of telephone calls across America each day in
an effort to collect delinquent consumer debt. Not surprisingly, in light
of the numerosity of the calls, a good percentage of these calls likely
violates the Fair Debt Collection Practices Act ("FDCPA"). Pursuant
to the FDCPA, a consumer may receive up to $1,000 in statutory damages
for a debt collector's violations of the FDCPA.
While there are a handful of potential ways that voicemails and telephone
calls from debt collectors have the potential to violate the FDCPA (including
but not limited to harassment, misrepresentation, and third-party disclosure),
one of the more common violations entails the debt collector's lack
of meaningful disclosure relative to the purposes of the call.
Under the FDCPA (15 U.S.C. 1692 (e)(11)), a debt collector must, in the
initial communication with a consumer and in all subsequent communications,
identify him or herself as a debt collector, as well as state that the
call is an attempt to collect a debt and that any information will be
used for that purpose. Such a telephone call -- which lacked the applicable
warning -- was one of the key issues in the case of
Foti v. NCO Financial Systems, 424 F.Supp 2d 643 (2006). As a result, telephone calls or voicemail messages
that lack the 15 U.S.C. 1692 (e)(11) warning are sometimes known as "Foti
If you have been receiving harassing telephone calls or voicemails which
fail to identify the fact that the caller is a debt collector and that
any information will be used for that purpose, The Woods Law Firm, LLC
can assist you. In addition to providing a free evaluation and consultation,
in the event a lawsuit is filed, we advance all court filing fees and
service costs. There is no cost to you to protect your rights -- remember,
if a debt collector violates the FDCPA, you may receive up to $1,000 in
statutory damages for these violations.
Call us at (888) 272-2718 today!