Leaving a message?

[Txgirl]

Is this all legal or not?


This is how the message went:

This message is for "my name". If you are not "my name", then stop this message now or disconnect now. There will be a 3 second pause to allow you to disconnect.

If you are "my name", this message is from Diversified Collection Services. This is not a sales/marketing msg. By continuing to listen to this message you acknowledge that you are "my name". Our records indicate you have a delinquent balance at with "creditor" for your private education loans. Please call us to discuss options to resolve this matter.

This is an attempt to collect a debt and any info we obtain will be used for that.

[spidge]

I don't know if its legal but I get those to.

[Txgirl]

I have googled all day and can't find anything or find anything consistent.

[2Bshinyandnew]

Is this the message?

http://www.youtube.com/watch?v=XmZ-5OUZgMQ&feature=related

[rockyroad]

I get that message all the time from Nationwide and Porfolio Recovery...seriously, like if you really aren't that person you are actually going to hang up!
You're more likely to hang up if you ARE that person!!!

[catleg]

Foti vs NCO has opened the door wide open against CA's for leaving answering machine messages without the mini-miranda warning.

[Txgirl]

So I am confused, are they supposed to or not supposed to leave the mini-miranda aka This is an attempt to collect a debt and any info we obtain will be used for that.

[Txgirl]

File a suit against them in Federal Court under violation of the FDCPA and lets get some case law to find out if that is illegal. It seems to be a new trend in collections and from my understanding violates the FDCPA but there is no case law I am aware of about this practice yet.

FDCPA Section 804:
(5) not use any language or symbol on any envelope or
in the contents of any communication effected by the
mails or telegram that indicates that the debt collector
is in the debt collection business or that the communication
relates to the collection of a debt; and

Interesting...I did save the message! I am in the process of hiring an attorney, so I will inform them. (can't file bankruptcy due to the type of debt.)