Can a Debt Collector Leave you a Voicemail?
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General Rule: Yes, a debt collector can leave a voicemail but the FDCPA has restrictions in place on what they can say and to whom.A debt collector has a right to communicate with you about a debt. This includes emails, letters, text messages and phone calls. When it comes to a phone call, a debt collector may leave you a voicemail. They can also leave a voicemail with certain third parties but there are restrictions.The Fair Debt Collection Practices Act (FDCPA) regulates the ability of a debt collector to leave a voicemail. The FDCPA also regulates what they can say. The FDCPA provides these restrictions to ensure that the debt collection process is fair and professional.Below you will learn when and how a debt collector can leave a voicemail. You will also learn who a collection agency can leave a voicemail with. If a collection agency violates the FDCPA when leaving a voicemail, there are specific steps below you can take to stop them.
Restrictions on Where a Collection Agency Can Leave a Voicemail
Whether a debt collector can leave a voicemail partly depends on where they left it. A debt collector cannot leave information about your debt on a voicemail in the following situations:
- At the Workplace. A debt collector cannot leave a voicemail about a debt at your job. The FDCPA presumes that there is a potential that other people at your job can access the voicemail.
- Any Type of Shared Voicemail. If multiple people share the same voicemail (e.g., a home line) a debt collector cannot leave a general voicemail about your debt.
- With Family Members or Friends. A debt collector cannot leave a voicemail with a family member or friend that details your debt. The only exception is your spouse.
What Can a Debt Collector Say When They Leave Me a Voicemail?
A debt collector has the right to leave you a voicemail on your private phone line. When a debt collector leaves you a voicemail they must abide by the general rules of communication under the FDCPA. This includes identifying themselves to you.
In addition, they cannot leave threatening voicemails. This includes whether they are threats of violence or other illegal action. They also cannot use obscene or profane language in an attempt to harass or intimidate you.
Third-Party Voicemail Exception – Limited Content Messages
A debt collector can leave a voicemail with third parties, however, there are even more restrictions on what they may say. A debt collector may only leave a limited-content message with a third party. This limited-content message’s sole purpose is to obtain your contact information.
A limited-content message can only contain the following information:
- Greeting. A debt collector can provide a brief greeting.
- Time. The debt collector may reference the date and time they left the voicemail.
- Business Name. The name cannot indicate that they are a debt collector.
- Phone Number. A debt collector can provide a phone number for you to call them back.
- Request. The debt collector can request a return call and who you should ask for when you call them. They can also provide convenient times to contact them.
Any additional information provided in a voicemail is illegal and a violation of the FDCPA. This specifically includes any information that would indicate that you owe a debt.
How To Deal With Harassing Voicemails
If a debt collector is leaving you or others an inappropriate voicemail, you can consider taking the following action:
- Cease-and-desist letter. Send this letter stating that you will sue them if they do not stop contacting you and others immediately.
- Submit a Complaint to a Government Agency. You can report harassment violations of the FDCPA to the Federal Trade Commission (FTC). You can also submit a complaint to the Consumer Financial Protection Bureau (CFPB).
- File a Lawsuit. For ongoing and serious violations, consider filing a lawsuit against the collection agency.
- Discuss Settlement Options. You may also want to see if the collection agency is willing to agree to a discounted settlement of your debt. They may agree if you also agree not to take legal action.
Conclusion
While a collection agency can leave you and others a voicemail, the FDCPA restricts what they can say. If a debt collector is leaving voicemails that violate the FDCPA, you have the tools to make them stop.
If you have specific questions about your situation, you can discuss it with a consumer rights attorney. These attorneys have years of experience in dealing with various issues with collection agencies. You may even find out they violated your rights in other ways you were not aware of.
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