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Is this a violation of my rights


maryv
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I received a call from a debt collector at work and she left a message on my voice mail stating, "this message is for MY NAME if you are not MY NAME, please hang up. If you continue to listen to this message you are MY NAME and this call is being placed to collect a debt and any information obtained will be used for that purpose."

Is that legal to do that? How do they know (I mean it is my voice mail at work) that I'm the only one that is going to hear that message. Isn't that a violation of my rights?

Please say yes, because I can use the money to sue these people.

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Have you sent them written notice that it is "inconvenient" to call you at work or that you are not allowed to have personal calls at work? If not, you need to do so now or they will continue to call and may continue to call anyway.

I, too, am in possession of voice mail messages that say "if I am not me to please stop listening now." I have not found anything in caselaw where that particular wording has been litigated by anyone so I think that this may be something new that they are trying to be able to leave voice mail messages that say they are collecting a debt. Until someone litigates it and it is adjudged to be in violation, we may not know if it is. If the call you received was NOT heard by someone other than you, it did not violate the 3rd party rule. You can't claim a violation for something that may happen, only what actually did.

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Have you sent them written notice that it is "inconvenient" to call you at work or that you are not allowed to have personal calls at work? If not, you need to do so now or they will continue to call and may continue to call anyway.

I, too, am in possession of voice mail messages that say "if I am not me to please stop listening now." I have not found anything in caselaw where that particular wording has been litigated by anyone so I think that this may be something new that they are trying to be able to leave voice mail messages that say they are collecting a debt. Until someone litigates it and it is adjudged to be in violation, we may not know if it is. If the call you received was NOT heard by someone other than you, it did not violate the 3rd party rule. You can't claim a violation for something that may happen, only what actually did.

And your voicemail/answering machine could theoretically manage to "hang up" at that precise moment as directed how?:roll: Honestly, whatever will they dream up next?

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And your voicemail/answering machine could theoretically manage to "hang up" at that precise moment as directed how?:roll: Honestly, whatever will they dream up next?

Theoretically I think you're supposed to play back the voice mail and stop listening when they tell you to... :roll:

I laughed till I had tears in my eyes the first time I heard that. In my case the "original creditor" is ASSet and the CA is Riddle. They use an autodialer with your name recorded in several places in the message. There is about a 20 second interval between my first and last name. I am filing on them tomorrow for several violations. Perhaps I should include the "please stop listening now" and see how it flies...

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Theoretically I think you're supposed to play back the voice mail and stop listening when they tell you to... :roll:

I laughed till I had tears in my eyes the first time I heard that. In my case the "original creditor" is ASSet and the CA is Riddle. They use an autodialer with your name recorded in several places in the message. There is about a 20 second interval between my first and last name. I am filing on them tomorrow for several violations. Perhaps I should include the "please stop listening now" and see how it flies...

I'd tell them my answering machine (which is what they're talking to) does not have the capacity to "stop listening" when directed to by a caller. It had no choice but to listen to the entire message... and they are free to pursue any debt my answering machine may have just admitted to by not hanging up.

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I have not found anything in caselaw where that particular wording has been litigated by anyone

I haven't either, but my feeling is that this wouldn't hold up well. The CA has a duty to avoid third party communication regarding your debt. I don't think leaving a message on an anonymous answering machine amounts to reasonable care in the exercise of their duty.

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I'd tell them my answering machine (which is what they're talking to) does not have the capacity to "stop listening" when directed to by a caller. It had no choice but to listen to the entire message... and they are free to pursue any debt my answering machine may have just admitted to by not hanging up.

If you think that's funny, you should see the letter they sent me as validation...all it says is they have contacted their client and the amount is "confirmed". I kid you not. In their initial contact letter on Riddle law firm letterhead they say

At this time, no attorney with this firm has personally reviewed the particular circumstances of your account.

So very nice of them to admit they are merely renting their letterhead to a debt buyer and no meaningful review has taken place...:ROFLMAO2:

This is going to be fun!

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I haven't either, but my feeling is that this wouldn't hold up well. The CA has a duty to avoid third party communication regarding your debt. I don't think leaving a message on an anonymous answering machine amounts to reasonable care in the exercise of their duty.

Me neither. I have two phone numbers, and the people who had both numbers before me are constantly being chased by CAs. My answering machine has admitted to dozens upon dozens of debts on behalf of these total strangers in the past 6 months. How could those calls possibly hold up in court?

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