Notification by Collection Agency of Attempt to Collect a Debt

[Anonymous]

I hope I am posting to the correct board...

I have a lady who continues to call me and all she says is "Hi Amanda. This is "Angie. I need to hear from you. I can also speak with Derek," then provides a 1-800 number and hangs up. I have called the number back (from a blocked cell #) and it is a collection agency called Professional Account Services.

I know collectors are required to notify you in writing after first contact of their intent/reason for contacting you and for whom they are collecting, but my question is this: if they leave a voicemail, do they have to provide notification of who they are and why they are calling?

If they are in violation, is this grounds to dispute and/or have the collection dropped?

Thanks, 

Amanda

[ECHOBOI4U]

With a voicemail, No.  They are skip tracing and trying to see if your number is riight and to locate the person.  IF they talk to you personally, they must state WHO they are, WHY they are calling you or talking to you and that this is attempt to collect a debt...all information collected will be used for that purpose.  The fact that she says that she is looking for Angie means she can ONLY talk to Angie about the collection account.  She cannot talk to family members and Derek for that matter.  Keep that voicemail for later use if needed.  That is bad debt collection practices.  Some of the collection agencies prey on the public as being non-educated when it comes to debt collection and reporting laws and preactices.  Keep using these forums and get the advice as you go along with this issue.  NEVER call them back,  Wait for the form letter (called a dunning notice) that gives the person 30 days to dispute a debt.  Never call or communicate with a collection agency on the phone.  Only via certified registered mail with return receipt.  Good luck.

[Anonymous]

They are not necessarily skip tracing.  By law they are legally prohibited from explaining the reason for the call.  Reason being is because it is intended only for the person they have an account for.  Any one can listen to a voicemail, especially if it is a machine, and then they would be in violation.

Some states allow for a spouse to talk to a CA on the others behalf.

Message Edited by guiness56 on 08-14-2009 03:16 AM

[ECHOBOI4U]

They ARE skip tracing and it is ok to say on an voicemail why they are calling, but they cannot discuss the particulars.  Sorry, but this IS a tactic they use to lure people into calling back.

[Anonymous]

I disagree with you.  Skip tracing can be a lot of things.

And the FDCPA says you can not discuss to third parties information about the account without prior consent of the consumer.  It also says that if they communicate with any person other than the consumer they are not allowed to say they are a debt collector or that you owe a debt.

If they leave this information on a voicemail, they can not be sure just the consumer will hear it.

It is a violation of the FDCPA.

Message Edited by guiness56 on 08-14-2009 07:17 AM

[Anonymous]

As for the notifying you in writing, chances are they have your old address on file, thus why you have not recieved the dunning notice. Other than that, no violation occured. The debt collector did not disclose personal account information to a 3rd party. All she wanted was a call back plain and simple. That by no means is a standing for a collection to be dropped. The only time the collection account is going to be dropped is if the debt does not belong to you. Is the debt yours? If so, then DV at the begining. If the DV comes back verified, then offer a PFD or a payment plan in exchange for delete contingent upon last payment or something. Good luck

[ECHOBOI4U]

Correct Chopbrocoli.  There is no violation here per FDCPA.  Just be cuatious because they are looking for the person in question to verify that the number matches the intended recipient.  This IS skip tracing.  I am not a lawyer but have sued on many FDCPA violations and studied collection case law and FCRA, FDCPA laws for over 3 years cleaning up our credit reports here at home.  This instance does not fit the bill and would be summarily dismissed by a judge if claimed in court. 

[Anonymous]

No one said there was a violation.  The OP asked if by NOT leaving why they were calling were they in violation.  And no, they are not.  IF they had left the information they would have been.