FDCPA Limited-Content Msg. FAQ 9 – If the recipient of a limited-content message researches the business name and identifies the caller as a debt collector, does that mean the voicemail is no longer a limited-content message?

Compliance > FDCPA
Q:   If the recipient of a limited-content message researches the business name and identifies the caller as a debt collector, does that mean the voicemail is no longer a limited-content message?
 
A:   No. A message does not fail to be a limited-content message merely because a person who hears the message researches the debt collector’s business name, and, in doing so, determines that the caller is in the business of debt collection.
 
As discussed in Debt Collection Limited-Content Messages Question 1, in order for a voicemail message to be a limited-content message under the Debt Collection Rule, the voicemail must contain certain required content, including a business name for the debt collector that does not indicate that the caller is in the business of collecting debts. 12 CFR § 1006.2(j)(1). As long as the business name used by the debt collector, on its own, does not indicate that the caller is in the business of collecting debts, the message is a limited-content message, provided that it meets the other requirements for a limited-content message. 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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