Consumer Law

Interesting Information From Debt Collectors Regarding Illegal Voicemails

By M. Stan Herring

We have mentioned before how most debt collectors who leave voicemails violate the law because, among other things, they don't leave the "Mini-Miranda" warning. This violates the Fair Debt Collection Practices Act (FDCPA).

Basically this is to say "I am a debt collector" and "This is an attempt to collect a debt."

Here is an advertisement from the Association of Credit and Collection Professionals (ACA) for a teleseminar on whether to leave messages or not. In the quote below you'll see a reference to "Foti" which is a case that held collectors must leave the Mini-Miranda:

Approximately 46 percent of respondents to a survey conducted by ACA in February said they currently use the Foti message with the mini-Miranda when calling consumers. Thirty-nine percent said they do not use that message and 14 percent said they do not leave a message at all. Questions continue to be raised regarding the benefits of leaving a message versus leaving no message at all.

Speaking of teleseminars, we held one on Stopping Abusive Debt Collectors and this is now a book that is free for Alabama consumers who are not working in the debt collection industry.

You are welcome to request our free book on "Stopping Abusive Collectors" which explains in more detail how to fight back against collectors that violate the Fair Debt Collection Practices Act (FDCPA).
Feel free to contact us through our website or you can call us at 205-879-2447.

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Full post as published by Alabama Consumer Blog on June 24, 2010 (boomark / email).