My pal Marshall, recording, etc

[keepsmiling]

posted on another thread but didn't want to hijack, so reposting here:

All my home calls go straight to GV, which tells callers they have reached GV... seems obvious to me that consent is implied when they leave the message... any reason to think it's not? in other words, is any message left on a recording fair game? And what about cell phone messages? My pal Marshall (I think he's from Chase, but not really sure) keeps calling my cell and leaving messages without id'ing who he is calling for... is this a violation? I'd love to scare up some cash to finally pay a lawyer....

[sunshinepa]

I don't think that's a violation. Obviously you have a voice message stating who you are (or I would think so) so he doesn't feel he has to say who he's calling, already knows it's your cell.

Now if he was harrasssing family, freinds, giving out your information related to the debt and/or threatening you with anything, you got him!

[treehugger1]

The TCPA is a very powerful Federal Statute that has specific regulations related to calling a cell phone. Of course when this law was written, there were only a few cell phones and very few people were "cell only." The question may come down to whether or not you gave written consent to call your cell. Googel "TCPA debt collection violations" for some interesting reading. Here is one such link. They have a link to a page that discusses the TCPA. You should also note their disclaimer at the bottom of each page.

http://lesterlaw.com/

[tobee43]

what we did with those creditors that had our cell number was put a "block" on the number. we have verizion and you can do it right on line at your account. the only downside is you have update it every i think it was 60 days or so. anyway, they finally got the point!

[Bell30656]

Actually by leaving the message and NOT saying who he is representing is probably to avoid a violation of the FDCPA. If he were to say, "Please call Marshall at ABC Collections Company" he could be violating. If you want him to slow down on the calls, answer the phone... Confirm you are the party he is seeking then tell him that you do not discuss financial matters over the phone. Bid him a good day and hang up. They really hate that.

[keepsmiling]

Thanks all. I do get the occasional robocall on the cell as well. Actually I don't want to slow anyone down, I want to figure out a way to pay the lawyer lol....