INTRODUCTION TO THE COLLECTION OF ILLEGAL voice messages
Messages from the debt collectors are a reality that has not been delivered to the collections.) Dirty Secret of the debt collectors do not want you to know is that very often violate the law (Fair Debt Collection Practices Act - FDCPA when they leave a voice message.
They know they are violating the law, but still do.
In this shortarticle we will discuss the types of voice messages that can be found illegal and what to do in response.
There are three types of voice messages that deal with illegal immigration in this article.
First, illegal threats or lies.
Second, the information of third parties.
Third, the fact out of the mini-Miranda.
Voice messages - lies or ILLEGAL THREATS OF FIRST KIND
Threats and lies are common on the phone as collectors are rather reluctant to leavethreatening message on an answering machine. Lately, we've seen the most threatening voice messages, and then maybe the collectors are increasingly bold in violation of the law.
When off the threats and the lies (which violate the FDCPA) here are some examples:
* Debt collectors say I'm with the police or district attorney's office. I recently sued creditors of exchange, a company famous for the debt that has left a voice message saying the prosecutor was a collectorof Alabama.
Collectors * to leave a message on my answering machine that a lawsuit has been filed against them when in fact they had - instead they were blatant lies.
* Attempt abusive collectors to lie about everything that can cause a payment - for example, if the collector is talking to a Hispanic person the collector is threatening to expel.
The list can go on indefinitely, but any illegal threat, or are in the first partcategory.
SECOND TYPE OF ILLEGAL voice messages - THIRD PARTY INFORMATION
, A buyer agency debt collection and law firms often leave abusive voice messages knowing that there is a possibility that people other than the debtor or consumer can listen to your messages.
answer most of the game on a speaker phone so if the debt collector says, "Mr. Consumer, you must call this debt that I owe at this time" and a neighbor or familymembers (spouses not included) listen to this, and then a third revelation occurred.
Or, if the debt collector says, "This is a debt collector and this is an attempt to collect a debt" and someone other than the spouse feels this - the law was violated. Often the children or roommates to share a phone line and voice mail (if an answering machine or voice mail from AT & T, etc) and so this is a serious and very common violation we see abusive debt collectors make.
Sometimes the collector intentionally leave a message on the answering machine of a third party in order to intimidate. These are certainly illegal as well.
ILLEGAL third type of voice - MIRANDA MINI-BAJA
Debt collectors know when to leave voice messages that have to leave the so-called "mini-Miranda", which is basically where it says "This is a message from a debt collector in an attempt to collect a> Of the debt. "
Prevents these people from lying in an abusive manner as once the purpose of their call - which shows you that the call is a debt collection.
However, many collectors refuse to comply with the law and the disclosure mini-Miranda. The reasons are many - but here are a couple.
First, support collection efforts, as it creates uncertainty in the minds of consumers as to the purpose of the notification. Iremember or not? Sometimes people feel the need to always call back to find out why they called us.
Never call a phone and leave a message and then the person called again demanding to know who you are? And 'they need to know who is calling and why it's called debt collectors who are taking advantage if you can not leave the mini-Miranda.
Secondly, it helps to prevent disclosure to third parties we mentioned above.
This is an argument for a badcollector to say you should get the hook for violating the law, which was followed by another law.
abusive debt collectors seem to think they have the absolute right to leave voice messages. They do not.
WHAT TO DO IF YOU HAVE A VOICE illegal by a collection agency
First, save the message! Recording on a digital recorder or a computer, but make sure you have a backup answering machine illegal.
Second,Contact a lawyer with experience of consumers in your area to see if you have a case so you know what your options are. When I meet people who listen to your situation and then explain the good and bad of each option so they can make an informed decision.
Third, if you have a case, then to take action against the collector, so that others will be spared the abuse of this debt collection agency illegal.
CONCLUSION
Most voicemail debtcollectors violate the law. Have the skills needed to recognize this fact, the desire to save messages, and follow through to meet a consumer advocate to see if you are suing in their interests is fundamental. You, the determination of knowledge, and follow so you can help stop collectors harassing you in an abusive manner.
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