Updated on
Author: Sergei Lemberg
What Are Limited-Content Messages From Debt Collectors?
![Limited Content Debt Messages]()
General Rule: A limited-content message can only provide certain contact information and a request to return their call. This is the only type of message a debt collector can leave with a third party (and in other circumstances).
If a collection agency is managing a past-due debt, they can contact the person to collect that debt. In addition, if they do not have a person’s contact information they can request it from another third party. However, there are many rules that a debt collector must follow when it comes to communication.
Specifically, a debt collector must follow the requirements of the Fair Debt Collection Practices Act (FDCPA). This law prohibits a collection agency from harassing communication and publicizing your debt. It also prohibits providing certain information to third parties.
If that’s the case, the question is what can they say and who can they say it to? Leaving a voicemail adds additional wrinkles. This article will focus on what kind of message a debt collector can leave with a third party. In addition, you will learn your options for taking action if a collection agency violates this requirement of the FDCPA.
What is a Limited Content Message?
A debt collector is free to leave a limited content message on a third-party’s voicemail because it is not considered a communication. However, a limited content message can only contain certain information. That information is as follows:
- Greeting. A brief greeting is acceptable as long as it does not disclose any information related to debt collection.
- Business Name. The only caveat is that the business name cannot, on its face, reveal that they are a collection agency .
- Date and Time. When leaving a voicemail, the debt collector can note the date and time the voicemail was left.
- Phone Number. A debt collector can provide a phone number for you to call them back.
- Request. A collection agency can request that you call them back. In doing so they can provide their business hours, the best time to call and who to ask for.
If a debt collector provides any information beyond this, it violates the FDCPA’s communication restrictions. Please note that this FDCPA regulation only applies to third-party debt collectors. An original creditor does not have the same restrictions.
Specific Situations Where a Debt Collector May Use a Limited Content Message
A debt collector must utilize a limited content message in certain situations. Here are a couple of examples of when a debt collector’s only option is a limited content message:
- A Voicemail With Any Third Party. If a collection agency is intentionally reaching out to a third party (i.e., requesting your contact information).
- At the Workplace. If they are trying to leave you a message on your work phone. Work phones are sometimes shared between multiple employees. In addition, an employer likely has access to an employee’s voicemail.
- Shared Voicemails. There are certain situations where there is a likelihood that the voicemail is shared between multiple people (e.g., home landline).
Can a Collection Agency Leave Any Other Types of Voicemails?
Yes, a collection agency is not required to leave a limited content message if it is on your private voicemail. That being said, they must still abide by all other communication requirements under the FDCPA.
This means that they have to provide certain information, such as who they are. In addition, they cannot leave voicemails with obscene, threatening or other abusive language.
Addressing a Violation of the Limited Content Message
If a debt collector left more information than they should on a voicemail that others have access to, you can take action. Consider the below options depending on the severity of the violation:
- Cease-and-desist letter. This is a quick way to request that the debt collector end all communication with you.
- Report the Debt Collector. Since this is a violation of the FDCPA, you can submit a complaint to the Federal Trade Commission (FTC). This agency enforces the FDCPA. You can also submit a complaint to the Consumer Financial Protection Bureau (CFPB).
- File a Lawsuit. If they will not stop or you suffer damages, consider hiring an attorney and filing a lawsuit.
Conclusion
A debt collector has the right to communicate with you and request your contact information from others. That being said, there are strict rules they must follow when doing so.
If a debt collector violates the FDCPA in their communications with you or a third party, you have rights. You can follow the above options or discuss your case with a consumer rights attorney. They can answer any specific questions you have and may even uncover additional violations.
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