Positive Ruling for Debt Collector in Allegedly Deficient Voice Message Case

In a new twist on Fair Debt Collection Practices Act (FDCPA) litigation regarding voice messages, both a Magistrate and a U.S. District Court Judge in the District for the Oregon have ruled that specific voice messages did not violate the FDCPA. See here to review the magistrate’s findings and recommendation. See here to review the district court judge’s order approving the magistrate’s findings.

In the case Moore vs. Account Control Technology, Inc. (ACT), a consumer in Oregon argued that ACT violated the FDCPA by not identifying the name (or alias) of the collector, in addition to the name of the company, in every communication with the borrower, including recorded messages.

As both parties had brought motions for Summary Judgment, the material facts were not in dispute.

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