SERIOUS problem with CA

[vmoore0607]

I have received and continue to receive many calls from a collection agency to my cell phone. They call before 8 am and leave messages on my phone all the time. What can I do? I know they are not allowed to contact me before 8 am. It's quite annoying. They won't say who they are but leave about 5 minute messages. I did a phone number reversal and it happened to be a debt collector.

[Lian]

This seems to be a hot new tactic of debt collectors to skirt the requirements of the FDCPA by placing calls to voice mails, apparently in an attempt to avoid those sections of the FDCPA that restrict a "communication with the consumer."

FDCPA 807 states that the following is a violation;
"(iii) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action."

So if they don't actually "communicate" with you, but rather leave a message, is that a covered communication?

Further, section 805 states that "a debt collector may not communicate, in connection with the collection of a debt, with any person other than the consumer.."

Are calls on voice mails, which have a probability of being heard by others using the phone, a violation of this prohibition against disclosure to a third party?

Section 806(6) states that "the placement of telephone calls without meaningful disclosure of the caller's identity' is a violation.
Are messages on a voice mail a 'placement of telephone calls?"

They appear to be playing a "skirt the FDCPA' game.

I don't know what to advise. I would hope that clarification would be forthcoming from the FTC on their interpretation of the statute in this area. it will most likely require court decisions to clarify this matter.

In the mean time, my suggestion is that you DO answer one of those calls, thus clearly establishing that they have effected a communication with the consumer. Then just tell them that you wish them to communicate with you in writing. That does not compel them to do so, but the important thing is that it establishes an "initial communication with the consumer" that triggers their requirement to send you a formal collection (dunning) notice within 5 days thereafter, under FDCPA 809(a). To which, then having their address, you can DV them and invoke your automatic "cease collection' bar.

[vmoore0607]

Finally got a call from them again today and I answered. He stated that he was calling about a bill from a university I attended. Told him I planned to pay it off in February. He said they were going to turn it into the State attorney general and that they were planning on taking my taxes. My cell phone lost signal so we never finished the convo. What do I do? Now I'm worried about my tax money and being sued. Shoule I tell them that they violated by calling me before 8 and that I've never received any correspondence of this? It doesn't even show up on my credit.

[Lian]

The second that you actually communicated with them, they fell under the requirement of FDCPA 809(a) to send you a formal collection (dunning) notice within 5 days of that initial communication.

If you have their address now, you can send them a DV letter, which invokes an automatic "cease collection" bar upon them until such time as they provide you debt validation. You dont have to wait for their dunning notice to DV them.
If you dont have their address, wait for their dunning notice, and be sure to DV them within 30-days thereafter.

You are entitled to debt validation before they can continue collection activities.