A Collectors Rights....

by Lynn
(Oklahoma City, OK)

When working first party auto collections ... they give us a script to say on every peoples voice mail regarding the customer account.... I have done collections for years and never did I work for a company that releases all personal information on someone's voice mail as I do with this company. If we do not follow their script they threaten our jobs .... for instance ...

The 14-16 day accounts messages are to be read like this ....

I am calling for (John Doe) my name is (Sara Smith) with so n so company. Your payment of 1055.00 is now 14 days past due. Your account may be subjected to our legal department for garnishment proceedings to begin if you do not call us back soon. We would like to give you one last opportunity to make arrangements to stop these proceedings. Please call in and see about setting up a appt to do so. then phone number

and the 16+ messages are almost the same but after introduction it releases the account information and then says ... If we have to repo your car, we will. It will then be sold at auction & you will be responsible and sued for the deficiency balance. So call the office immediately ....

I never in my 15 yrs of collections disclosed anyone's personal information on anyone's account on their voice mail. I asked my manager if this is allowed per fdcpa and they said they have their way around it so don't worry ...

Am I breaking the law in any way by using these scripts to leave messages on our customers voice mail???

Especially knowing they don't even begin or think of any kind of legal action until account is past 180 days ..

Comments for A Collectors Rights....

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Jul 05, 2010
debt collection complaint
by: Mary & Gerri


Thank you for sharing your story about your concerns with your job as a debt collector. If all collectors were as careful and conscientious as you are, there would probably be many fewer complaints about collection agencies.

Your concerns are very valid. As you know, debt collectors are prohibited under the federal Fair Debt Collection Practices Act from discussing a debt with a third party. Leaving details about a debt on the answering machine could be considered a violation of that law.

If your collection agency is a member of the American Collectors Association, you may want to contact them for guidance on this topic. if they are not, the ACA may still be willing to help you figure out how to address this with your employer. If your employer continues to engage in questionable tactics, you may want to find out whether the ACA offers assistance in helping you find a job with the member firm.

I hope this helps. Thanks for bringing it to our attention, and I hope you're able to find a solution that you're comfortable with.

Feb 24, 2012
heres the scoop
by: Anonymous

If you are calling on accounts that are only past due by days and not months, then that means you work for a "first party" collection agency. The FDCPA does not apply to first party collections. The FDCPA only applies to third party collections (at least 6 months no payments and typically is not with original creditor anymore and with a "third party" collection agency)

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