voicemails

For many consumers facing collection activity, understanding how the Fair Debt Collections Practices Act pertains to their situation is a challenge. You understand that a collection company cannot call you up and use profanities or yell at you or even threaten you with jail time, but did you understand that EVERY TIME a collector calls you there is specific information that they have to say? Did you know that when a debt collector fails to inform you that the call is regarding the collection of a debt that you are entitled to up to $1,000 in restitution from that debt collector because the collector violated the rights afforded to you under the FDCPA? Every voicemail you receive is a potential violation of your rights. It is important for you to understand and become knowledgeable about what a debt collector can say, cannot say, and must say every time he leaves you a message. Understanding two important components of the FDCPA and court rulings regarding these FDCPA components are an important part of protecting your rights. These components include the "Mini-Miranda Warning" and the "Foti Disclosure" ruling.

The Mini Miranda Warning

If you have ever watched a police show, you have seen the situation in which the bad guy is read his rights. "You have the right to remain silent..." These are your Miranda Rights. But did you know that each time a debt collector contacts you, he must inform you that they are a debt collector and must read you what is called a Mini Miranda? The Mini Miranda must contain the following words or represent their meaning. "Hello, my name is (name of collector). I am/or this office is a debt collector representing (creditor) Information obtained during this communication will be used for the purpose of debt collection."

Example Mini Miranda:

"This is an attempt to collect a debt. Any information will be used for that purpose. If you dispute the validity of this debt you have 30 days to notify us of such"

The Mini Miranda warning must also be included in all correspondence received through the mail.

The "Foti Disclosure"

What is commonly known as the "Foti Disclosure" is the application of a court ruling regarding a consumer's rights under the FDCPA. The Southern District of New York held in Foti v. NCO Financial Systems, Inc., 424 F. Supp. 2d 643 (S.D.N.Y. 2006) that when a debt collector leaves a pre-recorded message on a debtor's answering machine that merely invites a return phone call, the message is defined as a "communication" within the meaning of the FDCPA. This means that the message must state that it is from a "debt collector" in order to comply with section 1692e(11) of the FDCPA.

If you are currently receiving voicemails from debt collectors, it is important that you save them. The voicemail could contain a violation of your rights and that recording is enough evidence for you to have a case against the collector that is calling you. Do not worry if you do not understand what the creditor should and should not say. Simply save the message and give us a call. Our trained staff will be more than happy to talk with you about the message, listen to the message and even refer you to an attorney n your area if we believe your rights have been violated. Our services will never cost you a thing and, if you are a candidate for attorney assistance, the attorney will not cost you one penny.

STOP THE CALLS