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  #1  
Old 10-11-2006, 01:31 PM
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answering machine messages


What is the name of your state? N.Y.

When i worked for NCO financial systems in getzville NY, and when i worked for ASG also in Getzville, we were told it was against the FDCPA to leave the name of the collection agency, the fact that we were calling from a debt collection agency, the mini miranda etc, on the answering machine.
my husband owes a credit card bill, and we just got a message on the machine from a debt collector from NCO financial systems. she gave her name, said she was a debt collector from NCO read the mini miranda and gave his collection account number. while she did not discloes the exact nature and dollar amount of the debt, i was under the assumption that this is a violation of our privacy under the fdcpa, based on my own training from the agency she was calling from.... let me know if i am wrong.
  #2  
Old 10-11-2006, 08:52 PM
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It sounds like your former company was playing it safe by not revealing details of the debt on what could be a answering machine shared by several unrelated individuals.

If your unrelated roommate had listened to the message, then there might be a violation. But since just you and your husband heard it, there is not a violation.

So the CA got lucky and you have no standing to claim a violation. Perhaps the next person they call will have a chance.
  #3  
Old 10-11-2006, 11:29 PM
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Quote:
Originally Posted by comfort80 View Post
What is the name of your state? N.Y.

When i worked for NCO financial systems in getzville NY, and when i worked for ASG also in Getzville, we were told it was against the FDCPA to leave the name of the collection agency, the fact that we were calling from a debt collection agency, the mini miranda etc, on the answering machine.
my husband owes a credit card bill, and we just got a message on the machine from a debt collector from NCO financial systems. she gave her name, said she was a debt collector from NCO read the mini miranda and gave his collection account number. while she did not discloes the exact nature and dollar amount of the debt, i was under the assumption that this is a violation of our privacy under the fdcpa, based on my own training from the agency she was calling from.... let me know if i am wrong.
NCO got sued and lost for not leaving messages that ID'd the company.
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  #4  
Old 10-12-2006, 12:57 AM
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NCO also got sued & lost for using a threat of wage garnishment, calling before 8:00am, & contacting a third party re debt.
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  #5  
Old 10-12-2006, 08:44 AM
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Quote:
Originally Posted by debtcollector` View Post
NCO got sued and lost for not leaving messages that ID'd the company.
id'ing the company is one thing, but saying he has a debt with them and that she's a debt collector is more what i was upset about.
  #6  
Old 10-12-2006, 01:34 PM
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Originally Posted by comfort80 View Post
id'ing the company is one thing, but saying he has a debt with them and that she's a debt collector is more what i was upset about.
I understand. It is something that CAs are watching closely. Most of us are simply choosing to not leave any messages at all rather than get into the conflicting FDCPA rulings. NCO has the pockets to pay attorneys to sort this out in court.

DC
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Quote:
OP needs counseling...not a court house. --Zigner
  #7  
Old 10-19-2006, 11:07 AM
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ok, now what about calling my parents, and his sister when they have our home phone number. His sister lives in Massachusetts, and we have no clue how they got her phone number, he has never lived with her either in NY or in MA. neither of us have ever lived with my parents at this current address either, nor even used this address.

She left the same detailed message at my fathers house, unfortunately my step-brother erased the message.
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