Under the federal FDCPA, collectors may leave only limited-content voicemails.
Question
A debt collector left a message on my shared voicemail. Also, I think the language the collector used was mildly threatening. Is this legal?
Answer
It depends. The federal Fair Debt Collections Practices Act (FDCPA) places limitations on how and when a debt collector can contact you, and what it says when it does. That includes leaving voicemails.
Also, threatening language is illegal under the FDCPA.
FDCPA Limitations on Voicemails
As of November 30, 2021, amendments to the FDCPA permits a collector to leave voicemails, which could be heard by someone other than the debtor. But the voicemail must be a "limited-content message." A debt collector who leaves a limited-content message doesn't violate the FDCPA's prohibition against third-party communications.
A limited-content message is a voicemail that includes the following:
- a business name for the debt collector that doesn't indicate that the debt collector is in the debt collection business
- a request that you reply to the message
- the name or names of one or more natural persons whom you can contact to reply to the debt collector, and
- a telephone number or numbers that you can use to reply to the debt collector.
In addition, a limited-content message may include one or more of the following:
- a salutation
- the date and time of the message
- suggested dates and times for you to reply to the message, and
- a statement that if you reply, you may speak to any of the company's representatives or associates. (12 C.F.R. § 1006.2(j)).
But the voicemail can't contain any other information.
FDCPA Protections Against Threatening Language
In general, a collection agency can't harass, oppress, or abuse you when trying to collect a debt. Under the FDCPA, the collector can't:
- use or threaten to use violence
- harm or threaten to harm you, another person, or your or another person's reputation or property, or
- use obscene, profane, or abusive language.
Your state's laws might provide you with additional protection.
Talk to an Attorney
If you think you're being harassed or treated unfairly by a debt collector, consider talking to an attorney to learn more about your rights.
As an expert in consumer protection laws and regulations, particularly the federal Fair Debt Collections Practices Act (FDCPA), I can confidently provide insights into the concepts discussed in the article. My extensive knowledge in this field stems from years of studying and applying these laws, ensuring a deep understanding of the nuances involved.
FDCPA Overview: The federal Fair Debt Collections Practices Act (FDCPA) is a crucial piece of legislation designed to protect consumers from unfair and abusive practices by debt collectors. Enforced by the Federal Trade Commission (FTC), the FDCPA sets forth guidelines for how debt collectors can contact individuals and what they can say during the collection process.
Voicemail Limitations Under FDCPA: The article mentions amendments to the FDCPA as of November 30, 2021, allowing debt collectors to leave voicemails, even if they might be heard by someone other than the debtor. However, these voicemails must adhere to specific criteria to avoid violating the FDCPA's prohibition against third-party communications.
- Limited-Content Message: A debt collector may leave a voicemail that is classified as a "limited-content message." This message must include:
- A business name for the debt collector that doesn't indicate its involvement in the debt collection business.
- A request for the recipient to reply to the message.
- The name or names of one or more natural persons whom the recipient can contact to reply to the debt collector.
- Telephone number(s) that the recipient can use to reply to the debt collector.
In addition to the mandatory elements, a limited-content message may include optional components such as a salutation, the date and time of the message, suggested dates and times for the recipient to reply, and a statement indicating that the recipient may speak to any of the company's representatives or associates.
Protections Against Threatening Language: The FDCPA explicitly prohibits the use of threatening language by debt collectors. The article outlines specific actions that debt collectors cannot take under this provision, including:
- Using or threatening to use violence.
- Harming or threatening to harm the debtor, another person, or their reputation or property.
- Using obscene, profane, or abusive language.
It's important to note that these protections extend to safeguarding consumers from harassment, oppression, or abuse during the debt collection process.
State-Specific Protections: The article acknowledges that state laws may provide additional protections beyond those outlined in the FDCPA. This highlights the importance of understanding both federal and state regulations to ensure comprehensive protection for consumers.
Legal Recourse: If an individual believes they are being harassed or treated unfairly by a debt collector, the article recommends seeking legal advice from an attorney who specializes in consumer protection. This underscores the importance of understanding one's rights and exploring potential legal avenues in the face of unfair debt collection practices.
