When does a 1st party message become 3rd party disclosure on a voicemail system?
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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 12 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.
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