Regarding Third Party Disclosure FDCPA

[Guest Kaylee]

I have 2 separate collection agencies after me: Client Services, Inc. and Platinum Recovery Solutions.

 

After Client Services sent me a letter, but before I sent them a request for validation, they called me and a recorded message "advised that the call was for Kaylee, if anyone other than Kaylee is in the room pick up the phone otherwise we will assume Kaylee is there and will continue the message in 3,2,1, seconds......." my DBF was home at the time and sat thru the call, which ID'd who they were and why they were calling. Funny thing, since that validation request nearly a month ago I have not heard a peep from them.

 

The Platinum Recovery people call twice a week, and every single time they leave a message they say: This message is for Kaylee. My name is DeeDee, I'm calling from Platinum Recovery Solutions, a debt collector, please return my call."

 

Isn't the behavior of IDing the fact that they are a CA a violation of the FDCPA? And the first one: how can they ensure someone other than me isn't in the room listening? I have recorded the phone calls off the answering machine in anticipation of using it against them.......

Edited January 26, 2009 by Kaylee

[nekom]

§ 1692 b(2) Contact of Third Party: Stated that the consumer owes any debt

 

§ 1692 d(6) Placed telephone calls without disclosing his/her identity?

 

D***ed if they do, d***ed if they don't? I'd like to know if anyone knows for sure as well, but it seems like a very grey area to me.

[Guest Kaylee]

Bumpity bump bump.......

[pryan67]

do they know, or have reason to believe, that you're the ONLY one that could listen to that message....and that anyone else that would maybe listen to it would actually delete the message prior to listening to it?

[hdporter]

Identification of the firm is permitted. Specifying that it is a debt collection firm (even if implied by the firm's name) in a message for which it can be inferred that a third party might receive isn't. An appropriate message should only state that they are attempting to contact you regarding a business matter.

 

From my reading of the FDCPA, leaving a message on an answering machine or voice mail is no different from leaving a message with a third party and there is a FDCPA violation here.

[pryan67]

but, they're required to give the "this communication is from a debt collector", etc in any message (NCO learned the hard way)