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Voicemails From Debt Collectors May Be An FDCPA Violation

Posted by Roderick Woods | Mar 01, 2019 | 0 Comments

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 violations."

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 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 (860) 999-9757 today!

About the Author

Roderick Woods

A summa cum laude graduate of the State University of New York at New Paltz and a graduate of Albany Law School of Union University in Albany, New York, Attorney Roderick D. Woods represents individuals in a wide array of consumer litigation matters, including defending consumers in lawsuits filed by credit card companies and debt buyers, and representing individuals in actions brought under the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, as well as the Fair Credit Reporting Act.


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