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    creditors leaving detailed message

    One of our accounts is currently in collections and with a legal group of some sort. Although I refuse to talk to any creditors, I answered the phone the other day when they called because we were waiting to hear back about credit counseling and we didn't know what number they were calling from. Anyways, I told the collector the other day that we were filing BK next week. Today I get a voice mail on my cell phone from the same person who left a message which started that this message is for "my name" and only her and anyone else listening was not permitted to listen and then went on to give the information that this is in regards to my debt blah blah blah. All on my voice mail. I didn't think they were allowed to do this? I'm getting really sick of the collectors violating the law, which they started doing when we were less than one month late on a credit card payment. I deleted the message and will not call them back (duh), but it irritates me because I am pretty sure they can't leave a message like that. Thanks.

    #2
    Unfortunately, I think that is legal. I get several messages like that every day, they say this is for XXX... and they assume that if you are not that person you will hang up.
    BKForum Blog: The Journey

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      #3
      I don't have voicemail at the store. If we do not answer it goes to a recording and then asks them to enter an access code to leave a message. Nobody so far has entered a valid access code so nobody has left a message. Not my fault they don't have an access code. Nobody has asked for one.
      Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

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        #4
        That's hilarious! They should give us that option on our cell phones!
        BKForum Blog: The Journey

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          #5
          It's perfectly legal. By answering the phone you confirmed that they have your home phone number. Since they stated that the message was for you specifically and no one else, they fulfilled their burden under the law.

          It is illegal for them to give detailed information about your account to anyone other than you or your spouse or leave at a phone number they know is not yours. A collections agent did that once by giving my mother detailed info. He was fired in exchange for my agreement not to seek legal recourse.
          I think of my bankruptcy less as "walking away" and more as "gnawing my leg off to get out of a trap".

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            #6
            Originally posted by willowhare View Post
            It's perfectly legal. By answering the phone you confirmed that they have your home phone number. Since they stated that the message was for you specifically and no one else, they fulfilled their burden under the law.

            It is illegal for them to give detailed information about your account to anyone other than you or your spouse or leave at a phone number they know is not yours. A collections agent did that once by giving my mother detailed info. He was fired in exchange for my agreement not to seek legal recourse.
            I don't think what the OP reported happened was "perfectly legal" in the strictest sense. See BB2U's post above.

            Whether you can make a case or it's worth pursuing is another story.

            I compare it to Medical offices who are under the same sort of "protected information" restraints. A doctors office can call a # listed as belonging to a patient and leave a message to call back, but they cannot call and leave a message saying, "if you are not our patient, hang up, but if you are, your test results came back and you have XXXX".

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              #7
              It is good Willowhare went after them. The reason collectors do this is because almost nobody does anything about it. Laws are enforced when people make sure they are being enforced and if they have to, they file complaints. I have filed complaints at times in regards to certain laws being violated. What I have noticed is when other parties that are not involved here what I have done, if they have something to say, they almost always mock what I did. You will not believe how some have complained that I have filed and followed up with Complaints to the Attorney General, Inspector General, etc. I guess you can call it human nature.
              Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

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                #8
                Originally posted by 2Bshinyandnew View Post
                I don't think what the OP reported happened was "perfectly legal" in the strictest sense. See BB2U's post above.

                Whether you can make a case or it's worth pursuing is another story.

                I compare it to Medical offices who are under the same sort of "protected information" restraints. A doctors office can call a # listed as belonging to a patient and leave a message to call back, but they cannot call and leave a message saying, "if you are not our patient, hang up, but if you are, your test results came back and you have XXXX".

                Sounds like common sense to me. Unfortunately most people in my opinion it seems, have spent their common sense in the gumball machines.

                Some people believe that the violator has to break a specific collections law in order to pursue legal action against them, that is not true. If a person is harrassing another person, the harrassed person can still get an Injunction of Harrassment against the harrasser.
                Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

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