Updated on
Author: Sergei Lemberg
What Can a Debt Collector Leave on a Voicemail?
![Debt Collector Voicemail]()
The Fair Debt Collection Practices Act (“FDCPA”) restricts how and where a debt collector can leave a voicemail. While a debt collector can leave a voicemail for a consumer, they can only communicate certain information. There are also restrictions on where a debt collector can leave a voicemail and other limitations.
If a debt collector is leaving voicemails about a debt, they may be violating your rights under the FDCPA.
Where Can a Debt Collector Leave a Voicemail?
The FDCPA provides consumers with strong protections against the disclosure of debts and other personal information to any third party. While a debt collector can technically leave a voicemail, there are certain explicit restrictions.
A debt collector cannot leave a general voicemail about a debt
- With a family member (other than your spouse). There is an exception if they are just trying to find out how to contact you. However, they cannot mention that you owe money or that they are a debt collection company.
- On a Shared Voicemail. That means a debt collector cannot leave a voicemail on your family’s home line. This restriction also includes a phone you share with roommates, or any other situation where multiple people may have access.
- At Your Place of Employment. The presumption is that an employer and other employees can access a voicemail left on a work phone. This would result in an unauthorized communication under the FDCPA.
What Content Can a Debt Collector Leave on My Private Voicemail?
A debt collector may leave a message with your private voicemail. However, the debt collector must still follow the general rules for communicating a debt. That means, even in a voicemail, a debt collector may not leave a voicemail that contains
- Any threats of physical or reputational harm to you, someone else or any property
- General threats of violence
- Abusive, harassing or obscene language
Again, it is essential that they are not leaving a voicemail where someone other than you may hear it. Also, if they know an attorney represents you, they should not be contacting you at all, including leaving voicemails.
What Content Can a Debt Collector Leave on a Shared or Third-Party Voicemail?
There are certain limited exceptions to the general restriction on voicemails. The Consumer Financial Protection Bureau (CFPB) allows debt collectors to leave a limited-content message to a third party for the sole purpose of trying to locate you. The CFPB does not consider a limited-content message a communication so it’s not a violation if someone else hears it. As a result, a debt collector can leave this type of message at work or on a shared voicemail.
So, what kind of voicemail does the CFPB consider a limited-content message? To qualify as a limited-content message, a debt collector must provide the following information:
- A business name that does not identify in any way that they are a debt collector. Saying this message is from “Smith’s Communications LLC” would be acceptable while “Debt Collectors, Inc.” would not meet these requirements.
- A telephone number that you can use to contact them.
- A request for you to call them back and the name(s) of who you can ask for when you call them back.
In addition to the required information, the CFPB allows limited optional information. A debt collector can provide the following information:
- A greeting or salutation
- The date and time when the debt collector is leaving the message
- Recommended dates and times to contact the company
- A notification that you are free to speak to any representative of the company
If a debt collector provides any additional information, it will not qualify as a limited-content message. As a result, it would be subject to all of the prohibitions and legal requirements of communication under the FDCPA.
What Should You Do if a Debt Collector Leaves a Voicemail?
If you or a third party received a voicemail from a debt collector, do not delete it. You can use the voicemail later as evidence if you determine that the debt collector violated the FDCPA. Depending on the specific circumstances of your situation, you may bring a legal claim against the debt collector for
- Lost wages. A voicemail at your place of business may lead to a disruption of work or even the loss of a job.
- Physical or Emotional Distress. When a debt collector engages in this type of harassing behavior it can take a toll on you physically. It may also impact various relationships and your mental health.
- A Countersuit. Debt collectors can engage in certain actions after they have obtained a judgment for money owed. However, you can invalidate an otherwise valid act, such as wage garnishment, if you can prove previous violations of the FDCPA.
If you are a victim of these types of violations, you can contact a consumer rights attorney to determine your best course of action.
Conclusion
Do not assume debt collectors can use whatever means they want to collect on a debt. Even if you owe money, the debt collector must follow many different rules.
Make sure you know your rights under the FDCPA when it comes to debt collectors and the messages they leave for you and others.
Additional Resources
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
See more posts from Sergei Lemberg