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Flexibility For Debt Collector Messages After FDCPA Case

Law360, New York (December 11, 2014, 11:23 AM EST) -- The U.S. District Court for the Eastern District of New York recently ruled that a voice mail message containing the caller’s name and identifying the caller as a debt collector with “an important message” was not a “communication” under the Fair Debt Collection Practices Act.

In Zweigenhaft v. Receivables Performance Management LLC, the voice mail message left by the debt collector also included its phone number, but did not identify a consumer or state that a debt was owed. The voice mail was heard by the plaintiff’s son, who returned the call from the plaintiff's phone. After the son provided the...

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