We live in a very strange world with the Fair Debt Collection Practices Act acting as a guardian over debt collectors who may step out of line. For instance, in one section of the FDCPA, a debt collector is prohibited from having any communication with us in which it does not also tell us that this is a communication from a debt collector. We call that the “Mini-Miranda.” On the other hand, the debt collector is prohibited from communicating anything regarding the debt to anyone other than ourselves, our spouses or attorney. So then, why would any debt collector leave a voicemail for us? It is almost a per se violation of the FDCPA to leave a voicemail to collect a debt.
I think collectors who leave such messages, even innocuous pre-recorded messages such as “This message is for Joe Debtor. Please call 887-555-2222 for an important business matter. Your immediate attention is required. This is not a sales call.” Even a message such as this is a violation of the FDCPA that entitles you to damages of $1,000.
Whats worse is when a debt collector calls your cellphone to discuss the debt. Unless you have explicitly authorized that debt collector to call your cellphone, he has violated the Telephone Consumer Protection Act. Again, you get damages of $1,000 and your attorneys’ fees paid.
If you have been a victim of a rampant debt collector, call me, Attorney Gary Nitzkin at (887) 293-2882. We sue debt collectors who violate the law. We will get your money and get the debt collector to stop.