FDCPA Limited-Content Msg. FAQ 4 – If a call drops or is otherwise interrupted while a debt collector is leaving a limited-content message, is the voicemail still a limited-content message?

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Q:   If a call drops or is otherwise interrupted while a debt collector is leaving a limited-content message, is the voicemail still a limited-content message?
 
A:   No. If a call drops or is otherwise interrupted and results in a partial voicemail that does not include all of the required content, that partial voicemail is not a limited-content message. 12 CFR § 1006.2(j).
 
As discussed in Debt Collection Limited-Content Messages Question 2, if a voicemail contains information that conveys information about a debt, the voicemail is not a limited-content message and is a communication, even as a partial message. 12 CFR § 1006.2(d). If, however, a debt collector attempts to leave only a limited-content message, but the message is cut off, it is not a communication because the partial message does not contain information about a debt. For example, if the partial message contains only some of the required or optional limited-content message content, then the partial message is an attempt to communicate and not a communication.
 
For more information about limited-content messages, see Section 3.3.3 in the Debt Collection Small Entity Compliance Guide. For more information about the definitions of “attempt to communicate” and “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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