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2012/05/17

Debt Collectors Can Legally Leave Voice Messages - TMCnet's Legal eNews

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May 15, 2012

Debt Collectors Can Legally Leave Voice Messages


Collection agencies are almost always the bad guys in the news, but, a recent case from earlier this month, Zortman v. J.C. Christensen & Associates Inc., shows that sometimes collection agencies are entitled to certain behaviors, lest they be bound by a Catch 22.


In this case, analyzed by JDSUPRA, the Plaintiff, Christina Zortman filed litigation against the named defendant, a collection agency. Zortman leant her children her cell phone, and they received a subsequent message intended for their mother from the collection agency.


Zortman’s stance was that the agency violated the Fair Debt Collecting Practices Act (FDCPA) by “communicating” her debt to a third-party. The judge ruled in favor of the collection agency.


“Communication” is defined by the FDCPA as the “conveying of information regarding a debt directly or indirectly to any person through any medium.” The message left for Zortman never mentioned her name or the purpose of the phone call. Rather the message only revealed the number for her to contact... Read More



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