Jan
03
Can Debt Collectors Leave Messages About Debts On Answering Machines?
Filed under (Debt) by debthelper @ 11:24 am

Phone

Debt collectors are allowed to contact debtors by phone. Whether or not a debt collector can leave messages on answering machines varies from state to state. Federally, it is illegal for collectors to even inform third parties that you possess a debt, let alone the amount or to whom. Because of this, any messages they do leave on machines are usually limited to a fairly significant level. Exact laws vary, ranging from nothing specific beyond the federal limits, to banning answering messages entirely. Federally, there are no laws specifically stating a collector can or cannot leave messages on answering machines. Because of varying state laws and the chance of being heard by third parties, most legitimate debt collection agencies will not leave answering machine messages beyond a request to return the call.

In person.

This is the second lease recommended method of dealing with debt collectors, as well as the least preferred. Collectors can meet with debtors in person, should the situation call for it. For the collection agency, this is detrimental because it requires transportation, manpower, and time over most other methods. For a debtor, it is a problem because, like phone contact, it does not allow for any documentation of what was said or done. For these reasons, debt collectors rarely contact debtors in person.

Telegrams

Like in-person meetings, telegrams are rarely used for communication. They are now so far out of date that it is unheard of for someone to be contacted in this manner.

Fax

This is the closest to an “ideal” form of contact with a debt collector that is covered by the Fair Debt Collection Practices Act. It is faster than standard mail, and often than email, and provides both the debtor and the agency with documentation of what was said and done, to whom, and when.

Post cards

The federal Fair Debt Collection Practices Act prohibits debt collectors from contacting debtors by post card, due to the inability to prevent information from being spread to third parties.

Other methods

Some of the more modern methods of contact are not covered under the Fair Debt Collection Practices Act, leaving them up to states to legislate. These include voice mail, email, and instant messaging. Most states have legislated whether and how debtors can be contacted in relation to these methods. Even if a particular method is not legislated, however, any contact must still follow the FDCPA standards of behavior.


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