You glance at your phone and notice a voicemail—it's from a debt collector. Instantly, questions flood your mind. Can collection agencies leave voicemails just like that? Is it even allowed?
If you’ve found yourself in this situation, you’re not alone. Whether you're an individual or a business facing overdue payments, it’s essential to know that debt collectors don’t have free rein when contacting you. Strict laws, like the Fair Debt Collection Practices Act (FDCPA), set clear boundaries on how and when they can communicate, primarily through something as sensitive as a voicemail.
In this blog, we’ll unpack the legalities around debt collection voicemails, what collectors can say, and how to protect your privacy and rights when dealing with these messages. Stay informed—because knowing the rules is your first line of defense.
According to FDCPA revisions effective November 30, 2021, a collector may leave voicemails that someone other than the debtor may hear. However, it must be a "limited-content message" with some mandatory and specific optional information. A debt collector does not break the FDCPA's prohibitions on interactions with third parties by leaving such a message.
A voicemail message MUST contain the following details to qualify as a limited-content message:
Furthermore, a limited-content message MAY contain one or more of the following details:
Note: A limited-content message cannot contain anything besides the abovementioned information.
While knowing the voicemail rules is crucial, it’s just as important to understand how the FDCPA protects you from harassment, particularly when debt collectors cross the line in voicemails with threatening or abusive language.
Generally speaking, when a collection agency attempts to collect a debt, they are not allowed to harass, oppress, or abuse you. The FDCPA prohibits the collector from:
Also Read: Understanding Your Rights Against Debt Collector Harassment
Despite these regulations, debt collectors often resort to illegal voicemails to push you into paying the amount. As a consumer, you must know the ins and outs of such unscrupulous practices. Let’s explore that next.
Even if this isn’t always the case, there are a few ways that leaving a voicemail can violate the FDCPA and be deemed illegal.
Although threats and lies are more common over the phone, debt collectors use these tactics over voicemails if the situation demands.
Example: You may hear a voicemail stating, “If you don’t pay immediately, we’ll have law enforcement come to your home or business.” This kind of message is illegal. Debt collectors cannot threaten arrest, as unpaid debts are civil matters, not criminal offenses.
Furthermore, a debt collector may leave a message saying, “This debt will permanently damage your credit score unless you pay today.” This is a blatant lie aimed at misleading you, which violates the FDCPA. Credit reporting follows specific timelines; paying immediately doesn't erase negative marks overnight.
Did You Know? Any voicemail implying jail time, police involvement, or false legal consequences violates the FDCPA.
Collection agencies frequently leave voicemails with the knowledge that there is a possibility that someone other than you and your spouse, including your roommates, relatives, neighbours, or even your kids, will hear them.
Example: A collector may leave a voicemail saying, “This is a call about your overdue debt—please call us back immediately to avoid further action.” If your roommate or child hears this message, it can illegally disclose your debt to a third party, violating FDCPA rules on privacy and confidentiality.
There are also instances where the collector intentionally leaves a voicemail for a third party to scare you. These are also undoubtedly illegal.
In simple terms, the Mini-Miranda disclosure states, "This is a message from a debt collector in an attempt to collect a debt." It shows that the call is for debt collection, which stops these abusive collectors from lying to you about why they are calling.
Nevertheless, many debt collectors refuse to follow the law and make the disclosure.
Example: A voicemail saying, “This is Jim from ABC Services. Call me back urgently,” hides that it’s a debt collection call by skipping the required Mini-Miranda disclosure.
As a result, you may become confused about the call's objective and eagerly want to know who called and for what reason. Due to this urgency, you may call back the debt collector, thus helping their cause of bypassing legal requirements and pressurizing you into a conversation.
Moreover, not making the disclosure helps avoid disclosing your debt information to third parties.
If a debt collector contacts your family member over voicemail before they have attempted to contact you and have been unable to locate you, it’s an illegal approach.
If a collector sends a voicemail on your work phone, other employees or your boss will likely access it. This is a violation of FDCPA guidelines. Additionally, a debt collector contacting you at work despite knowing it is inconvenient or against the rules is considered illegal.
Also Read: When and Where Can Debt Collectors Call: Understanding Your Rights
Are you being harassed and threatened by debt collectors for recovery? Let South East Client Services inc (SECS inc) help you understand your rights as a consumer facing illegal voicemails. Our expert team is here to help you navigate debt collectors like a pro.
Spotting an illegal voicemail is only half the battle, but knowing how to respond and protect your rights is just as important. Here’s what you can do if you receive one.
Keep the following points in mind when dealing with illegal voicemails. They’ll help you better assess your rights and make more rational decisions.
The above flowchart showcases a clear path to protecting your rights: hacks to address illegal voicemails and pursue legal remedies.
Record the voicemail and keep a backup on your phone or computer. This is the most basic yet crucial step, ensuring you have proper evidence to present at the court later.
Contact an experienced consumer attorney to verify whether you have a case and assess the best options for resolution.
If you have a strong case, take action against the collector. There are several forms of monetary damages available in FDCPA lawsuits. These can help compensate you and ensure others are spared the illegal abuse of that collection agency. The several counter-sue options you may exercise are:
For example, if repeated voicemails caused severe anxiety leading to hospitalization, a medical report linking your health issues to the collector’s behavior can support your FDCPA claim for compensation.
For example, if a collector repeatedly sends voicemails to your office number despite being told to stop and then later garnishes your wages, you can file an FDCPA lawsuit to recover the garnished amount and additional damages.
Also Read: Common FDCPA Violations and Unfair Practices by Debt Collectors
Clarity on the question, “Can collection agencies leave voicemails?” is essential to protecting your rights and maintaining your privacy. The key takeaways to keep in mind are:
However, if you feel overwhelmed by the complexity of your rights or want ethical help handling collections properly, South East Client Services inc (SECS inc) is here to support you. We ensure all communications stay compliant while helping you manage and resolve accounts fairly and professionally.
Don’t let illegal voicemails go unanswered. Contact South East Client Services inc (SECS inc) today for expert assistance in addressing debt collector violations or confidently managing your receivables ethically.
This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
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