It is currently Sat Apr 04, 2020 9:19 am

All times are UTC




Post new topic Reply to topic  [ 1 post ] 
Author Message
PostPosted: Thu Sep 21, 2006 12:16 am 
Offline
Site Admin

Joined: Fri Jul 14, 2006 6:19 am
Posts: 1687
“In the complaint, Plaintiffs allege that messages were repeatedly left on Ms. Belin's answering machine that only gave the name of Litton, a phone number to call, and directions to have Mr. Belin call that number. [Doc. No. 1, ¶ 13c]. The messages left on Ms. Belin's answering machine did not disclose that they came from a debt collector. [Doc. No. 1, ¶ 13c]. Defendants argue that since the messages that were left on Ms. Belin's answering machine did not convey information regarding a debt, the messages were not communications under the FDCPA. The Court rejects this argument, since courts have found that messages left on answering machines that did not directly convey information about a debt were still communications under the FDCPA, because they conveyed information about a debt indirectly, since the purpose of the message is to get the debtor to return the call to discuss the debt. See Stinson v. Asset Acceptance, LLC, 2006 WestLaw 1647134, at *2-3 [E.D. Va. 2006]; Foti v. NCO Financial Systems, Inc., 424 F.Supp.2d 643, 655-59 [S.D. N.Y. 2006]; Hosseinzadeh v. M.R.S. Associates, Inc., 387 F.Supp.2d 1104, 1116 [C.D. Cal. 2005].â€

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 1 post ] 

All times are UTC


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group