telephone rules for collection agencies?

[cosmo102]

When a CA calls and leaves a message that just says "call us back," is that a violation?

 

What are the rules regarding telephone calls (particularly in TX) ?

 

my real question is can a CA leave a message saying just call back? is this a violation? or does the necessary "this is an attempt to collect a debt" come into play once an actual conversation starts?

 

thanks in advance.

[GEORGE]

When a CA calls and leaves a message that just says "call us back," is that a violation?

 

What are the rules regarding telephone calls (particularly in TX) ?

 

my real question is can a CA leave a message saying just call back? is this a violation? or does the necessary "this is an attempt to collect a debt" come into play once an actual conversation starts?

 

thanks in advance.

Only if you sent a C&D or LIMITED C&D to them in the past

 

(requesting them to NOT CALL)

 

Not a CA expert...just from what I remember what others have said

Edited March 22, 2009 by GEORGE

[CaughtShort]

When a CA calls and leaves a message that just says "call us back," is that a violation?

 

What are the rules regarding telephone calls (particularly in TX) ?

 

my real question is can a CA leave a message saying just call back? is this a violation? or does the necessary "this is an attempt to collect a debt" come into play once an actual conversation starts?

 

thanks in advance.

 

 

Why would it be a violation?

 

Assuming you haven't sent them a limited or full C&D, then I don't see it as a violation at all.

 

The collection agency cannot talk to anyone else, but you, about your debt. Their communications with third parties are limited to them trying to get contact information for you, and while doing that they can in no way indicate to those third parties that they are in the debt collection business or that they are calling about a debt (which is why you probably won't even hear a company name on those messages, unless it's an acronym). When leaving a message the CA isn't talking to you and there's no way for them to be sure the message won't go to a third party. So really, "Please call us back," is pretty much all they can say.

 

As for the purpose statement, the "This is an attempt to collect a debt..," well they probably can't say that in a message. They'd only be able to say that if they knew they were speaking with you. But, they are supposed to say that the first time they speak to you.

[cosmo102]

Why would it be a violation?

 

Assuming you haven't sent them a limited or full C&D, then I don't see it as a violation at all.

 

The collection agency cannot talk to anyone else, but you, about your debt. Their communications with third parties are limited to them trying to get contact information for you, and while doing that they can in no way indicate to those third parties that they are in the debt collection business or that they are calling about a debt (which is why you probably won't even hear a company name on those messages, unless it's an acronym). When leaving a message the CA isn't talking to you and there's no way for them to be sure the message won't go to a third party. So really, "Please call us back," is pretty much all they can say.

 

As for the purpose statement, the "This is an attempt to collect a debt..," well they probably can't say that in a message. They'd only be able to say that if they knew they were speaking with you. But, they are supposed to say that the first time they speak to you.

 

i was asking because seems as the law says they have to say this is from a debt collector attempting to collect a debt, but you're right and I wondered the same thing- they cant say anything else until they know they have the party they are looking for.

 

this is all coming up because my mother just bought a new car 5 months ago, and all these zombie debts, some from 15 years ago, are now popping up. she played these messages she has been getting from a what seems to be the new scumbag CA to hit the scene, and those messages are unbelievably mean, rude, and vague.

 

im just trying to research the collection agency rules to see what is the rule about initial telephone contact was.

 

so can i call this dude back on her behalf? what happens if we find out what the debt is, send a C&D, but then they slap the TL on her credit reports? we know 100% everything is well beyond SOL, just not sure how to proceed, especially since she is not wanting to tackle this problem and would rather just ignore it.

 

thanks for everyone's comments.

[gdtobefree]

Why would it be a violation?

 

Assuming you haven't sent them a limited or full C&D, then I don't see it as a violation at all.

 

The collection agency cannot talk to anyone else, but you, about your debt. Their communications with third parties are limited to them trying to get contact information for you, and while doing that they can in no way indicate to those third parties that they are in the debt collection business or that they are calling about a debt (which is why you probably won't even hear a company name on those messages, unless it's an acronym). When leaving a message the CA isn't talking to you and there's no way for them to be sure the message won't go to a third party. So really, "Please call us back," is pretty much all they can say.

 

As for the purpose statement, the "This is an attempt to collect a debt..," well they probably can't say that in a message. They'd only be able to say that if they knew they were speaking with you. But, they are supposed to say that the first time they speak to you.

 

i was asking because seems as the law says they have to say this is from a debt collector attempting to collect a debt, but you're right and I wondered the same thing- they cant say anything else until they know they have the party they are looking for.

 

this is all coming up because my mother just bought a new car 5 months ago, and all these zombie debts, some from 15 years ago, are now popping up. she played these messages she has been getting from a what seems to be the new scumbag CA to hit the scene, and those messages are unbelievably mean, rude, and vague. Now this can be construde as harrassment IF she keeps the recordings

 

im just trying to research the collection agency rules to see what is the rule about initial telephone contact was.

 

so can i call this dude back on her behalf? what happens if we find out what the debt is, send a C&D, but then they slap the TL on her credit reports? we know 100% everything is well beyond SOL, just not sure how to proceed, especially since she is not wanting to tackle this problem and would rather just ignore it. 15 yrs old, send them a FOAD letter

 

thanks for everyone's comments.

 

Now I think it is the same in every state, a CA CANNOT make a phone ring excessively to become a nuisance such as repeat dialers which are the ones that when you answer the phone is a recording telling you to call such and such number that dials your number 4-5-6-7 times a day and they don't have to leave a message when they do that.

Illegal, should be, but if you work 9-5 you won't be annoyed by those calls because you aren't there in the first place.

[NeverQuietHere]

Um.... when a debt collector calls, they are required to say the mini miranda. Therefore, they are in violation. They are darned if they do and darned if they don't.

 

I will find some more of the links around here where we talk about this alot. I know I started one myself a while back.

[NeverQuietHere]

http://creditboards.com/forums/index.php?s...hone+violations

 

that has to do more with the TCPA, I think.

 

 

This one is references machine violations:

http://creditboards.com/forums/index.php?s...hone+violations

 

Specifically this: 1692 d(6) Placed telephone calls without disclosing his/her identity? (they have to say who they are!!!!)

 

http://creditboards.com/forums/index.php?s...hone+violations

 

http://creditboards.com/forums/index.php?s...hone+violations

 

That should get you started. I know there are many more!

[cosmo102]

oh this helps for sure! thank you!

[MB34]

Yeah, I' d like an answer to cover this one here:

http://creditboards.com/forums/index.php?showtopic=379054

[CaughtShort]

Um.... when a debt collector calls, they are required to say the mini miranda. Therefore, they are in violation. They are darned if they do and darned if they don't.

 

I will find some more of the links around here where we talk about this alot. I know I started one myself a while back.

 

 

So if a CA calls and gets an answering machine/voicemail they can't leave a message without the mini-miranda. They can't let someone know they're collecting a debt if they aren't sure it's the debtor. They can't keep calling without leaving messages because that's nuisance/harassment.

 

So they just need to stop calling people. Problem solved. :-)