3rd party disclosure by a debt collector?

Question

i got a message on my answering machine that went as follows: "this is a message for jason (last name). by continuing to listen to this message you are acknowledging that you are jason (last name) this is angela smith, a debt collector calling from asset acceptance...." my wife heard this message before i had a chance to play it and was wondering if she is allowed to disclose that information on an answering machine. if not, i need to know which laws were violated and what kind of recourse i can take.

Answer 1

Actually, I believe you are correct although I cannot be specific on the violations made. I'm sure it slightly differs from state to state. In case of collections, I do believe the extent of the message can only contain the name of the person calling and the company they are with. I'm almost certain they cannot state the reason for their call...ie. to collect payment/debt. However, on the contrary, solicitation calls are not bound by the same rules.

Here is a good example.
Credit card companies are so very large that the extent of the collection required cannot be made by individuals alone. Credit card companies rely on recordings to inform customers of their delinquency (also a collection call/recording). If someone picks up the phone for one of these recordings it will prompt you to "press 1" if you are "the customer". Therefore, anyone who listens to the collection call is now commiting fraud if they state they were someone they were not. Granted, it now becomes a he-said-she-said situation but it does take the credit card company's liability out of the question.

That example should further prove that a collector cannot leave a detailed message on an answering machine. Overly agressive collectors make mistakes too but don't forget you've made a much larger mistake by not paying their debt. You may have a hard time in court convincing their mistake was much more important than yours.

Answer 2

That's bizarre. How can you acknowlege you are you by NOT deleting? I think acknowledgement that you are you requires some affirmative act. There could have been a privacy violation there, but I doubt there is since you are married and your wife heard.

But if this debt collector would have hit one wrong digit, this would not be the case and there may be something you could do.

I personally don't believe a law was broken but their message is really problematic. I would write a letter to them if you feel strongly. Make sure it's addressed to Legal Counsel of (Debt Collector) and send two courtesy copies: one to your state Attorney General, and one to the Better Business Bureau.

Answer 3

http://blog.360.yahoo.com/megadisc

this is a true violation because this information is

private and confidential ! ! !

you should take action against the company that does such calls . .

Answer 4

Why don't you just pay what you owe?