Q: Are Zortman voicemails considered limited-content messages?
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).
Updated October 1, 2021