Do Collection Agencies Leave Voicemails?

Debt collection agencies often leave voicemail messages for individuals regarding outstanding financial obligations. Consumers frequently have questions about the legality and content of these messages, especially concerning privacy. Federal oversight sets boundaries on how debt collectors can operate and what information they can convey in voicemails.

Permissibility of Voicemails

Debt collection agencies can leave voicemail messages for consumers, provided they adhere to federal law. The Fair Debt Collection Practices Act (FDCPA) governs third-party debt collectors, including their use of voicemails. Under FDCPA amendments, collectors can leave a “limited-content message” (LCM).

A limited-content message avoids disclosing sensitive information that could be overheard by others. It typically includes a business name that does not identify the caller as a debt collector, a request for a response, callback numbers, and names of individuals to contact. The goal of an LCM is to prompt a return call without revealing the debt’s nature to third parties.

Leaving an LCM does not violate the FDCPA’s prohibition against third-party communications. An LCM is not considered a “communication” as broadly defined by the FDCPA, which usually requires a disclosure stating the call is from a debt collector. The rules for LCMs provide a framework to navigate this challenge.

Information Restrictions in Voicemails

Despite LCMs, debt collectors face strict prohibitions on information included in voicemails to prevent unauthorized third-party disclosure. The FDCPA restricts debt collectors from communicating about a debt with anyone other than the consumer. This impacts voicemail content, as messages can be overheard by others.

Leaving specific details like account numbers, the precise amount owed, or explicitly stating a debt is owed can violate rules if accessible to others. Even a message implying a debt, such as an “overdue account” call, can be a violation if overheard. The principle is to protect consumer privacy by ensuring debt information is not revealed to unauthorized individuals.

This creates a challenge for collectors, as the FDCPA requires them to identify themselves and the call’s purpose in many communications. If this disclosure were made on a voicemail, it could inadvertently reveal the debt to a third party, leading to a violation. Debt collectors must carefully craft voicemails to comply with both identification requirements and third-party disclosure prohibitions.

Addressing Non-Compliant Voicemails

If a debt collection agency leaves a voicemail violating established rules, consumers can take specific steps. Documenting the violation is a primary action, including noting the date, time, and exact content. Preserving the voicemail, if possible, serves as valuable evidence.

Consumers can report violations to federal agencies overseeing debt collection practices. The Federal Trade Commission (FTC) accepts complaints about unfair, deceptive, or abusive debt collection practices. The Consumer Financial Protection Bureau (CFPB) also handles debt collection complaints and can forward them for review and response.

Consumers can also contact their state attorney general’s office, as state laws may offer protections. While these agencies may not resolve every individual complaint, they use the information to identify patterns of abuse and take enforcement actions. Consumers may also pursue legal action under the FDCPA against the debt collector.