CA violates FDCPA?

Discussion in 'Credit Talk' started by MED, Apr 26, 2004.

  1. MED

    MED Member

    I have rec'd 6 voicemails at my office number from OSI Collection Services. In each of the 6 voicemail messages, he states (same person), "Hi, this is [stupid debt collector name here] from OSI Collection Services...". I believe his statement violates section 804(5) of the FDCPA. The name of his company would indicate it is debt related.

    In addition, when you call my office and dial my extension and the voice mail answers, the computerized women states my mailbox is the "General Delivery" mailbox. I have many other people (that I know) ask me about this (it is because I use the base phone). The person leaving the message cannot be totally sure the message is "for my ears only".

    Is this a violation? I really want to send some type of ITS letter if it is.

    Side note, none of the 3 credit rpts show a TL for OSI collection services. I haven't called OSI yet to figure out which debt they are trying to collect or that it is even mine.
     
  2. jam237

    jam237 Well-Known Member

    It sounds like one.

    Especially since they specifically reveal the name of the company which indicates a collection purpose.

    They can only do that if they are specifically asked to reveal the name of their company by the person who answers the phone. It's the one time that they are allowed a gimme on that violation since in order to comply with another portion of the FDCPA they must violate the one other provision if their company's true name is a name which reveals a debt collection purpose.

    Here is the caveat, maybe they aren't trying to reach you, do they mention your name in the message? Maybe a co-worker's creditor only listed the main work #, without an extension, and they are trying to reach them and without the extension, they hit the general mailbox extension.
     
  3. MED

    MED Member

    They say my name each time. There are only 2 other people in my office, one of which is new.
     

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