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Landmark Victory! Debt Collector Did Not Deceive Debtor Who Refused to Give Name

Landmark Victory! Debt Collector Did Not Deceive Debtor Who Refused to Give Name

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A debt collector must verify the identity of a communication
recipient to ensure a right-party contact while also avoiding a disclosure
about the existence of the debt to a third-party. Thus, a debt collector
must, when asked, provide meaningful information about the purpose of
a telephone call to a third-party – even when the third-party refuses to
identify herself – without disclosing that the call is an attempt to collect
a debt.
In the latest episode of the Debt Collection Drill podcast, Moss &
Barnett attorneys John Rossman and Mike Poncin are joined by attorney
Aylix Jensen who elaborates on her recent, complete victory in Federal
Court establishing that a debt collector did not violate the FDCPA by
stating it was a “financial services company” calling regarding a
“personal business matter” to an unidentified individual – the Plaintiff –
who the Court identified as the correct “customer for the account.”

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