Jump to content

Message on the machine violation?

Recommended Posts

I got a call on my machine.

Mans voice.... This is XXXXX XXXXX from XXXX9Inaudible) you have received correspondence if you have not received correspondence please hang up and disconnect this is not for you.

This is a call from a debt collector. (Mini-Mini mirands here), please call me at

(the machine cut off in the middle of the number.

My name was not mentioned, but debt collection was left on the machine.


Link to comment
Share on other sites

I got a call on my machine

I take it this was your landline. The only possible violation (unless you've told them never to call you) would be the chance that a 3rd party could hear the call. Considering most answering machines are in the homes of the recipients of the calls and not out in public where others can hear the call, you'd have to come up with a good precedent to support a claim. I'm not saying there's not some good case law to support you. There very well could be.

Also, it's one call with an iffy violation. If you send a C&D, and they continue to call, then you've got something.

Link to comment
Share on other sites

Landline, and although Iwas the only one to answer, anyone in the house at the time could hear this.

Children, parents, spouse, friends, or workers.

I did check the number LHR Collections.

They did not ever send me anything and I guess since

they didn't and he stated to hang up if I had not received

anything.... that gives them wiggle room....

Thanks for the input.

But none the less, I have it recorded for possibilities

if anything comes from it.

Link to comment
Share on other sites

If this was their 1st communication with you, and if they did NOT give you the 30 day validation notice, save the message. They have 5 days to send you the 30 day validation notice.

1st communication and they said if I had received to call them...

which I didnt receive and I did not call them....

It is saved on my small tape recorder.

Link to comment
Share on other sites

I'm dealing with something similar with Windam Prof. Constant messages but no letter. So I sent them a DV letter (CMRRR) pointing out they already violated the FDCPA by not sending their 5 day letter. Probably a stupid move for me to wrtie the first letter so I don't recommend it but it felt right to be proactive on this one and make a preemptive strike with the violation and make sure they had my DV letter before 30 days expired from first commincation.

Any critiques of what I did?

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.