Are voice mail messages violations. They leave name and number saying it's an "important business call", etc. If they are, what's the best way to document them. Admissible in court if recorded?
No violation unless: 1. You have written to them and requested not to call or 2. They identify themselves somehow as a collection agency
they had received my validation letter and cease and desist letter prior to voice mails. The number they leave is for the collection agency, but they do not state they are a collection agency in the message.
When I first got my phone number...I got like 30 calls a day WRONG NUMBERS...I made the answering machine say this is XXX-XXX-XXXX GEORGE-MRS GEORGE-AND KIDS WILL RETURN YOUR CALL PLEASE LEAVE YOUR NAME AND NUMBER AND WHO YOUR CALLING FOR...if you are calling for FRED SMITH-JOHN DOE-MARY JONES...THEY DON'T LIVE HERE...STOP CALLING!!! I WONDER IF THEY WERE CA'S???
if they received the cease communications request, then it is a violation... you will want to save the voice mails with time-stamps, to audio cassette... along with a log of phone calls... the reason you need both the tapes, and the logs, is that they will probably try to say that the calls came before the cease comm request, with the time-stamps your case is stronger. if the voice mail is provided by a third-party, your documentation is a little bit better since then they can't argue that you changed the time-stamps to make it look like they violated, when they didn't. if the third party can provide their own incoming call logs as well, it'll be the strongest, since then the information is coming from an objective third-party... they'll probably try anything to claim that they are innocent, when they aren't...
On the admissability... Since they willingly left the message on what they knew to be a type of recording device, the tape of the voice mail should be admissable. The big question mark would be if they would call up, you answered, and recorded the call, with or without their consent, that would depend on the laws in your state, their state, etc. Remember the Monica L v. Linda T v. Ken S legalistic nightmare from almost a half dozen years ago, that demonstrates how confusing tape laws can be.
Re: Re: voice mail violations? thanks, this is what I was looking for. It's a 3rd party voicemail provider with a separate phone number that I use as an answering machine. It's cheap so I don't know how willing they are going to be in providing logs, etc.
Re: Re: voice mail violations? Tell them what's going on, tell them if they can't give them to you that you will get a court order. That should help. If they still won't give them to you, make a log and take it to court. If it actually goes to court and this becomes a sticking point, see if the judge will order it. My bet is they'll settle long before it gets to court.
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