Tuesday September 07 , 2010

Collectors Must Leave “Meaningful Disclosure” When Telephoning Consumers

Debt collectors like to trick consumers into returning their telephone calls.  This kind of activity is now illegal.  The primary method used by debt collectors to contact consumers to collect alleged debts are by telephone.   Debt collectors go to great lengths to get consumers on the telephone, as they know they have a much greater ability to coerce payment through a telephone call.  Due to the abuse consumers suffer during telephone contacts, many consumers choose not to take telephone calls from debt collectors (as is their right).   A tactic often used by debt collectors is to leave a telephone message which does not disclose they are a debt collector or identify the name of the company they are calling from.  This alone violates both the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”) and the Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act").   Hyde & Swigart brought a lawsuit in Hosseinzadeh v. M.R.S. Associates, Inc., 387 F. Supp.2d 1104 (CD Cal. 2005),  and the Court agreed that this conduct violates the law.   Despite every district court and now the 7th Cir. Court of Appeals agreeing with the Court’s holding in Hosseinzadeh, debt collectors around the country continue to leave telephone messages which lack meaningful disclosure.   If you are receiving telephone messages that lack meaningful disclosure, save those messages and contact our office to review.