Message -- legal?

[LeslieR]

My next door neighbor received a message today from Asset Acceptance for me -- it was prerecorded and said "this is Al Henderson, a debt collector from Asset Acceptance, and I am looking for xxx (my name)."

Are they allowed to state that they are a debt collector in a computerized/prerecorded message left at a home that isn't even mine????

[razr]

FDCPA 805( COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

-r

[hiblues]

As far as I know, a CA cannot leave that kind of message even on YOUR answering machine.

It looks like a violation.

Better document it, save the tape and send an ITS today.

You have just given a gift by the CA,

hope you use it...

[divemedic]

Actually, it isn't 805 that is controlling here, it is 804:

Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

[LeslieR]

Thanks, everyone! I am all over it! Will keep you posted.

[LeslieR]

July 30, 2007

Asset Acceptance Capital Corp.

P.O. Box 2036

Warren, MI 48090-2036

TO WHOM IT MAY CONCERN:

It has come to my attention that on Friday, July 27, 2007, a pre-recorded message was left at the following number: xxxxx identifying the caller as a “debt collector” with Asset Acceptance and requesting that “my name here” return the call. Regardless of the fact that this telephone number does not belong to me, this message, in which the caller directly implies that I owe a debt and states his employer without being asked, is in violation of :

FDCPA 804 Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.

I request that you CEASE and DESIST in any communication with me, including but not limited to telephone calls at the above referenced telephone number, my own home, or my place of employment. Furthermore, in light of the fact that I have no knowledge of any purported debt with your firm, and have received no written correspondence from your company, I request that you CEASE and DESIST all activities related to collecting this purported debt immediately.

I have preserved the voice mail recording as a clear exhibit of your firm's violation of the FDCPA. You are hereby instructed to cease collection efforts immediately or face legal sanctions under applicable Federal and California law.

Sincerely,

ME

[razr]

Why quote 804? 805 specifically addresses third party communication, which is what you are complaining about, no?

-r

[LeslieR]

Personally, I think it could be both. I'll await further input/replies. Thanks again!

[razr]

Personally, I think it could be both. I'll await further input/replies. Thanks again!

It is both. 804 says what they must do, 805 says what they must not do.

-r

[divemedic]

They are allowed to contact third parties if they are attempting location information. There is case law that says contacting a neighbor and having them say "Joe from Asset Acceptance wants you to call him." is third party communication, but that asking a neighbor "Does Jack live next door?" Is not.

[LeslieR]

Divemedic, do you have any comments on the letter? TKS

[razr]

They are allowed to contact third parties if they are attempting location information. There is case law that says contacting a neighbor and having them say "Joe from Asset Acceptance wants you to call him." is third party communication, but that asking a neighbor "Does Jack live next door?" Is not.

Right. So What they said in the call violates 804. The call itself violates 805, as they didn't meet the provisions of 804.

-r

[divemedic]

I wouldn't C&D them yet. DV first

[LeslieR]

Even though I have no account number, they aren't on my CR, etc.?

[divemedic]

If you do not DV within the 30 days, you effectively lose the right to ever do so.

[LeslieR]

Is that 30 days from the phone message?

What if I received a dunning letter years ago and don't even remember it? Not sure.