FDCPA Violations Recorded on Tape

OK, so maybe I’m getting a little too excited about my collection call today and yes, I did have the recorded audio added to the Broken Credit Blog as an mp3, but I say why not?  First and foremost, it’s an excellent opportunity to educate our readers about debt collector violations.  And secondly, can you blame me for getting as much mileage as I can out of this whole experience? 

Here is the identity theft debt we’re talking about.

Here is the audio from today’s debt collector call.

No, the FDCPA does not apply to business debts – if it did, then this would have been considered a ‘communication’ and we would have a violation of 1692e(11) for failure to provide the Mini Miranda. 

NCLC Reports (Vol. 25, April ’07) explains: Foti v. NCO Fin. Sys., Inc., No. 04-CV-707 (KMK), 2006 WL 779774, *9 (S.D.N.Y. Mar. 25, 2006) “Collector’s pre-recorded phone message left on the consumer’s voicemail only requesting the debtor to return the call regarding an important personal ‘business matter’ was a ‘communication’ as defined by the FDCPA, and thus the allegation that the collector failed to provide 1692e(11) disclosure in that message stated a claim for relief.”

Also, as a “least sophisticated consumer” I was under the impression that I was in some type of legal trouble over this debt.  1692e(5) prohibits a debt collector from “the threat to take any action that cannot legally be taken or that is not intended to be taken” and the fact that this debt collector is in Texas and I’m in Florida makes a lawsuit unlikely.  They sure go out of their way to use words that sound like the call is from a law office.  A reverse look-up of the number clearly shows they are a collection agency.

So there you have it….today’s lesson on FDCPA violations!

I hope they call again!  This is fun!

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.