FDCPA Limited-Content Msg. FAQ 6 – Are Zortman voicemails considered limited-content messages?

Compliance > FDCPA
Q:   Are Zortman voicemails considered limited-content messages?
 
A:   No.
 
In Zortman v. J.C. Christensen & Assocs., Inc. (870 F. Supp. 2d 694 (D. Minn. 2012)), the debt collector left the following voicemail: “We have an important message from [company’s name]. This is a call from a debt collector. Please call [company’s telephone number].”
 
The voicemail message from Zortman is not a limited-content message because it does not contain all of the required content for a limited-content message and it includes additional content that is neither required content nor optional content for limited-content messages, specifically that the call is from a debt collector. 12 CFR § 1006.2(j). For more information about the required and optional content for limited-content messages, see Debt Collection Limited Content Messages Question 1. Since the voicemail message in Zortman is not a limited-content message, it does not receive a safe harbor from the prohibition against third party communications under the Rule, discussed in Debt Collection Limited-Content Messages Question 2. 12 CFR § 1006.2(j).
 
For more information about limited-content messages, see Section 3.3.3 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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