Messages Left on Answering Machines

[David A. Szwak]

“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€