New message from a CA

[NeverQuietHere]

this msg is for ___, if you are not ____ please hang up or disconnect. if you are ___ please continue to listen to this msg, there will be a 3 second pause. by continuing to listen to this message, you admit you are ____. ____ you should not continue to listen to this message ____ so that other people can hear it as it contains personal and private information. There will now be a 3 second pause in this message to allow you to listen to this in private. (there was no pause) this is so and so, from so and so, this communication is from a debt collector. this is an attempt to collect a debt and any info will be used for that purpose. please contact me about an important business matter at 6666666666666.

 

 

Interesting isn't it?

[Diapason]

To me, that is the same thing as a post card. Imagine if they wrote “If you are not ___ then stop reading this†on a post card. Would that stop someone from reading it? No.

 

In my opinion, that message would actually heighten a person’s curiosity to listen further, not stop them. Besides, there is no law that says a person has to stop listening to a voicemail when told, especially if the voicemail system belongs to someone else.

 

I believe that a message like that should, if it isn’t already, be absolutely illegal.

 

Just my opinion.

[pressman0523]

Robocalls are a hot topic right now. Read this: Voicemail and the FDCPA

[NeverQuietHere]

I already have them on phone messages where they dont' state who they are, my lawyer is going after them for that. So now I have another one to forward to him.

 

 

My thing is, some people can't stop their machines or voicemails from playing if they want to hear the next message.

 

I am aware of the case that was mentioned above (Berg v Merchants) but if you notice, in the case, the court says on page 14, in the first paragraph....

 

As discussed above, the inclusion of the warning by the Defendant would not alert the Plaintiff that he should disconnect the message before private and embarrassing info would be revealed.....etc etc

 

That's why I'm wondering IF this CA is getting around this by saying "you should not continue to listen to this message ____ so that other people can hear it as it contains personal and private information. There will now be a 3 second pause in this message to allow you to listen to this in private."

Edited July 2, 2009 by cfj503

[NeverQuietHere]

Repeated or Continuous Telephone Calls Can Mean Trouble

Recent court decisions reaffirm that repeated or continuous calls to a consumer by a debt collector can bring about FDCPA violations.

 

In one case, six voice-mail messages left on a consumer's home answering machine over a 10-day period was sufficient to defeat summary judgment and could be viewed as harassment, false threats or unfair practices.

 

In another case, the debt collector was denied summary judgment where it called a consumer multiple times without leaving any messages. The court determined that the possible FDCPA violation turned on the volume of calls made and on the pattern of the calls.

 

In yet another case, a debt collector was found to have violated the FDCPA by repeatedly calling a consumer after the consumer had hung up the telephone.

 

This was on another page I found while googling.

 

I know someone posted on this board about getting phone calls and no messages. Now if only I could find the case this references...

 

I do know that the above mentioned CA that called and left this message called 2 or 3 times today before leaving that message.

[vintagespeed]

i had one of these call my house at least every week for months on end. i did not realize i could go after them at the time, but now that i know they no longer call.

 

please, please mr. scumbag collector call me again!

[Diapason]

I am aware of the case that was mentioned above (Berg v Merchants) but if you notice, in the case, the court says on page 14, in the first paragraph....

 

As discussed above, the inclusion of the warning by the Defendant would not alert the Plaintiff that he should disconnect the message before private and embarrassing info would be revealed.....etc etc

 

That's why I'm wondering IF this CA is getting around this by saying "you should not continue to listen to this message ____ so that other people can hear it as it contains personal and private information. There will now be a 3 second pause in this message to allow you to listen to this in private."

I’ll bet the CA put that in there to try to get around that case.

 

However, the way I see it, it still allows for third party disclosure. There is no law that I am aware of that makes it illegal to listen to a voicemail particularly if the voicemail system is in someone else’s name. There is a law that prevents someone from opening private and confidential mail sent through the postal service. Because of that, I believe their message is asking for third party disclosure (no matter what their little message says or how clever they word it) and should be illegal.

[NeverQuietHere]

Save your messages, get a tape recorder and record them onto a tape or if you are electronically savvy, save them and tape them.

 

My lawyer had me play my whole answering machine and just state at the beginning of my recording "this is so and so and I am verifying that these messages were left btwn this date and this date"

 

I separated them on my blackberry and converted them to mp3 files.

[JunkBuyersWorstNightmare]

To me, that is the same thing as a post card. Imagine if they wrote “If you are not ___ then stop reading this†on a post card. Would that stop someone from reading it? No.

 

In my opinion, that message would actually heighten a person’s curiosity to listen further, not stop them. Besides, there is no law that says a person has to stop listening to a voicemail when told, especially if the voicemail system belongs to someone else.

 

[Diapason]

I honestly believe that the average person (most people that is) would be nosey enough to listen to the whole message no matter who it is aimed at.

 

The fact is, voicemail is not a private method to communicate with someone. The message they left is a private and confidential message and should only be communicated through means that are private and confidential.

 

Sorry to drag on about this, but it really upsets me that CA’s are getting away with these messages and there needs to be an end put to it!

[NeverQuietHere]

Oh, no, ITA with you.

 

I am so fed up with messages like this. I mean, for real, who wouldn't continue to listen? Some people HAVE to continue to listen to get to the next message. I know that that is how it works on my voicemail. I can't delete a message until I get to the end of it.

 

I didn't think it (message) would fly, but I think that it's funny they are trying to make it work. lol. We have never gotten a letter from them still...

[Diapason]

Another point I’d like to make.

 

If a CA communicates to you through the US postal service using a sealed envelope, then an incentive is created for a third party to not look at the contents. The incentive is that they wouldn’t want to be caught. After all, they would have to break the seal to get to the contents (unless the envelope is flimsy enough to hold up to a light.)

 

There is, however, no incentive for a third party to not listen to a voicemail message. How could it ever be proven, and what’s the chance that they would be caught? For that reason, I believe most people would listen to the whole message.

 

It is illegal to communicate on a post card, it must be in a sealed envelope. The same should apply to a voicemail message, if they can’t seal it from a third party (their message alone cannot seal it, just as their message alone cannot seal a post card) then it should be illegal.

[roadrage]

Yep, I've posted this same opinion many times on this subject. It is a violation no doubt about it.

 

Anyone who retrieves the mail (family member, roomate, etc) can read the outside of a mailpiece and get an idea what it is about without opening it if it has debt disclosures/identifiers on it, which is why postcards and envelopes are specifically governed in the FDCPA. It is based on the fact that opening someone else's mail is a federal offense unless given permission, so there should be no breach of privacy as long as the mailpiece is opened and read only by the intended recipient.

 

However, there is no law that says you can't listen to someone else' voice mails, and so it should be assumed that any message that is left on a machine can be heard by anyone in your household. The CA's know this and they are hoping that you will be "found out", and the "embarrassment factor" will lead to an increased likelihood of getting paid, perhaps by someone else such as a family member, etc.

Edited July 2, 2009 by roadrage

[NeverQuietHere]

I, too have posted many threads on this topic in the past. I have had experience unfortunately dealing with a lot of CA and have NEVER heard the msg put that way before.

 

Too bad it's not going to work for them. lol. I'm sure they will be hearing from my lawyer any day now.

[Bobbydebt]

I've been getting that same message from First Premiers collection department. Would these violations apply to a OC "collections" department, I think in a voicemail they said they were Client Services. They have been calling me twice a day for the last 2 weeks.

[GEORGE]

this msg is for ___, if you are not ____ please hang up or disconnect. if you are ___ please continue to listen to this msg, there will be a 3 second pause. by continuing to listen to this message, you admit you are ____. ____ you should not continue to listen to this message ____ so that other people can hear it as it contains personal and private information. There will now be a 3 second pause in this message to allow you to listen to this in private. (there was no pause) this is so and so, from so and so, this communication is from a debt collector. this is an attempt to collect a debt and any info will be used for that purpose. please contact me about an important business matter at 6666666666666.

 

 

Interesting isn't it?

My answering machine is far from that smart to disconnect

 

My hanging up on the phone call does not eliminate my phone number from their records

 

They will continue to call ASK ME HOW I KNOW

 

I have been dealing with WRONG NUMBER CA CALLS FOR LIKE 20 YEARS

Edited July 3, 2009 by GEORGE

[GEORGE]

Another point I’d like to make.

 

If a CA communicates to you through the US postal service using a sealed envelope, then an incentive is created for a third party to not look at the contents. The incentive is that they wouldn’t want to be caught. After all, they would have to break the seal to get to the contents (unless the envelope is flimsy enough to hold up to a light.)

 

There is, however, no incentive for a third party to not listen to a voicemail message. How could it ever be proven, and what’s the chance that they would be caught? For that reason, I believe most people would listen to the whole message.

 

It is illegal to communicate on a post card, it must be in a sealed envelope. The same should apply to a voicemail message, if they can’t seal it from a third party (their message alone cannot seal it, just as their message alone cannot seal a post card) then it should be illegal.

But if it has my address on it and it is in my mailbox and I open it...THAT IS FAR FROM MY PROBLEM

 

No law requires me to confirm the name it is addressed to also lives at my address

[GEORGE]

Repeated or Continuous Telephone Calls Can Mean Trouble

Recent court decisions reaffirm that repeated or continuous calls to a consumer by a debt collector can bring about FDCPA violations.

 

In one case, six voice-mail messages left on a consumer's home answering machine over a 10-day period was sufficient to defeat summary judgment and could be viewed as harassment, false threats or unfair practices.

 

In another case, the debt collector was denied summary judgment where it called a consumer multiple times without leaving any messages. The court determined that the possible FDCPA violation turned on the volume of calls made and on the pattern of the calls.

 

In yet another case, a debt collector was found to have violated the FDCPA by repeatedly calling a consumer after the consumer had hung up the telephone.

 

This was on another page I found while googling.

 

I know someone posted on this board about getting phone calls and no messages. Now if only I could find the case this references...

 

I do know that the above mentioned CA that called and left this message called 2 or 3 times today before leaving that message.

(the part in red above)

 

I have had 20--->30 WRONG NUMBER CALLS IN 10 DAYS (many times)

Edited July 3, 2009 by GEORGE