When does a 1st party message become 3rd party disclosure on a voicemail system?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When does a 1st party message become 3rd party disclosure on a voicemail system?
A business left a courtesy call on voice mail letting the person know they were past due. In such a case, does the message become a 3rd party disclosure if was heard by someone else other than the intended party? The business is the 1st party. My folks heard my voice mail for some reason. Is this not 3rd party disclosure?
Asked on August 11, 2011 Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
This is not third party disclosure when a creditor simply leaves a message letting the person know he or she is past due. The creditor left the voicemailon the number you gave or the creditor had as the contact number for that debt. Further, the disclosure was not intended for your parents. It would be different if the disclosure was given directly to your parents when the creditor actually called your parents or if they answered your telephone. Review the Fair Debt Collection Practices Act and you will see the creditor's actions were not in violation of the FDCPA. Further, a violation will not negate your debt; it just offers you other options.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.