Voice Mail Violations

The most common way debt collectors violate the law is by leaving illegal voice mail messages.  These messages usually seem innocent enough, but do not be fooled.  These are intentional violations designed to illicit a call back.  Common violations include:

  • Failing to state that the caller is a debt collector attempting to collect a debt
  • Failing to identify the company who is contacting you
  • Leaving a message that contains threats or abusive language
  • Leaving a message disclosing information about the debt to a family member or employer
  • Leaving a prerecorded message on a cell phone without prior consent

See below for several examples of voice mails that are illegal under the FDCPA.

Threatening message:

Failure to identify caller as a debt collector attempting to collect a debt:

Failure to identify Company:

Prerecorded message (violates the TCPA):

Are the debt collection agencies that are contacting you refraining from leaving voice mail messages?

Some companies are learning that it is safer to refrain from leaving messages on consumers phones to eliminate any record of their illegal behavior.  There is another way we can collect the hard evidence we need to prove these violations:  Call recorder applications.

Most cellular phone services offer free applications that can be used to record all incoming calls to your phone.  That way if they say something they shouldn’t, you’ve got right where you want them.

We recommend “Easy Call Recorder” available on Google Play.