Cell Phone’s Visible Transposition of Voice Message to Text is Not Third Party Disclosure According to District of New Jersey

Many cell phones have the ability to transpose voice messages into text allowing quick review of the message without the need to take the time to listen to it. In Nelson v. Receivables Outsourcing, LLC, No. 1:17-cv-11543 (D.N.J. Aug. 14, 2018), the District of New Jersey recently reviewed whether such a voice-to-text transposition qualifies as third party disclosure if it appears on the face of a consumer’s cell phone. According to the court, this alone is insufficient for an Fair Debt Collection Practices Act (FDCPA) claim to survive a motion to dismiss.

Factual and Procedural Background

Plaintiff incurred a debt that the creditor placed with Receivables Outsourcing, LLC for collection. While attempting to collect this debt, Receivables Outsourcing left a Foti voice message on plaintiff’s cell phone. Plaintiff’s phone transposed this voice message into text.

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