donqII Posted March 24, 2011 Report Share Posted March 24, 2011 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.Violation? Link to comment Share on other sites More sharing options...
antiquedave Posted March 24, 2011 Report Share Posted March 24, 2011 Have you sent them a cease and desist to call your phone?Have you sent them a DV? Was someone other than your spouse there when the message played?land line or cell phone? Link to comment Share on other sites More sharing options...
BV80 Posted March 24, 2011 Report Share Posted March 24, 2011 I got a call on my machineI 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 More sharing options...
donqII Posted March 24, 2011 Author Report Share Posted March 24, 2011 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 sincethey didn't and he stated to hang up if I had not receivedanything.... that gives them wiggle room....Thanks for the input.But none the less, I have it recorded for possibilitiesif anything comes from it. Link to comment Share on other sites More sharing options...
BV80 Posted March 24, 2011 Report Share Posted March 24, 2011 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. Link to comment Share on other sites More sharing options...
donqII Posted March 24, 2011 Author Report Share Posted March 24, 2011 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 More sharing options...
Tex_Tea Posted March 24, 2011 Report Share Posted March 24, 2011 Courts seem to view messages as communication from a DC under the FDCPA. Therefore, the DC must meaningfully disclose their identity and provide the mini miranda.Here is a thread with some insight:http://www.creditinfocenter.com/forums/showthread.php?t=302221 Link to comment Share on other sites More sharing options...
Drake Savory Posted March 25, 2011 Report Share Posted March 25, 2011 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 More sharing options...
BV80 Posted March 25, 2011 Report Share Posted March 25, 2011 Are they calling your cell or landline? Do they identify themselves and leave the proper notice in the messages? If you want them to stop calling, write and tell them. Link to comment Share on other sites More sharing options...
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