The U.S. District Court for the Eastern District of New York recently decided that a debt collector did not violate the FDCPA by leaving a voicemail message containing the caller’s name and identifying the caller as a debt collector with an important message. Zweigenhaft v. Receivables Performance Management, LLC. The court reached this conclusion because it determined that, under the circumstances, the voice-mail message was not a “communication” under the FDCPA.
Arguably, this decision conflicts with Foti v. NCO Fin. Sys., Inc., No. 04-CV-707 (S.D.N.Y. Mar. 25, 2006) and its precedential value is limited. The decision is noteworthy, however, because the court observed that even though the “FDCPA is clearly out of touch with modern technology,” in light of the overall purpose of the FDCPA to protect consumers from abusive debt collection practices, without placing unnecessary restrictions on debt collectors, no violation occurred.