September's Top Compliance Questions: Voice Messages and "Closed" States

Published: Monday, October 16, 2006

The top compliance question received by ACA's Compliance Department in September, once again, concerned leaving voice messages for a consumer. As stated in last month's Top Compliance Question article, federal courts around the nation have been addressing this issue, which has created a stir in the collection industry.

Recently, several courts have concluded that a message left on a consumer's answering machine or voicemail constitutes a "communication" under the Fair Debt Collection Practices Act (FDCPA). In the opinions of these courts, the messages were required to include the Mini-Miranda disclosure, as required by Section 807(11) of the FDCPA. Additional information on these decisions and compliance suggestions may be found in E-Compliance, document #429.

The second most common question received by ACA's Compliance Department in September concerned requests for a listing of "closed" states. The term "closed state" commonly refers to those states that require licensing or registration prior to collecting consumer debts in the state.

ACA's Interstate Chart provides a state-by-state listing of licensing and bonding requirements for collecting consumer debts. The chart also provides any applicable exemptions to state licensing requirements. This resource is available free to members of ACA and may be accessed via E-Compliance, document # 43.

This article is provided by ACA International's Legal and Government Affairs Department.