FDCPA Limited-Content Msg. FAQ 3 – Is a voicemail a limited-content message if it contains information that is required by state law but that is not required or optional content under the Rule?

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Q:   Is a voicemail a limited-content message if it contains information that is required by state law but that is not required or optional content under the Rule?
 
A:   No. If a voicemail includes any content beyond the required or optional content in the Debt Collection Rule, the voicemail is not a limited-content message. 12 CFR § 1006.2(j). If a state law requires additional or different information to be included in a voicemail message left by a debt collector, a debt collector’s voicemail message in that state would not be a limited-content message. For more information about the required and optional content for limited-content messages, see Debt Collection Limited-Content Messages Question 1, above.
 
However, the inclusion of state-required statements or information does not mean the voicemail message is automatically a communication under the Debt Collection Rule. As discussed in Debt Collection Limited-Content Messages Question 2, a voicemail is a communication under the Rule only if it conveys information about a debt, directly or indirectly, to any person through any medium.
 
For more information about limited-content messages under the Debt Collection Rule, see Section 3.3.3 in the Debt Collection Small Entity Compliance Guide. For more information about the definition of “communication,” see Section 3.3 in the Debt Collection Small Entity Compliance Guide.
 
Updated October 1, 2021

 
This Q&A was created based on information from CFPB’s website (which may be updated from time to time) that provides Debt Collection Rule FAQs.  This information may be found on CFPB’s website here:  https://www.consumerfinance.gov/compliance/compliance-resources/other-applicable-requirements/debt-collection/debt-collection-rule-faqs/
 

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