Legal Question in Credit and Debt Law in Missouri

Debtor left message concerning debt on answering machine!

I, (the wife & stepmother), called a debtor to find out how we can pay an auto debit that was returned by our bank for NSF. They wouldn't speak to me, only hubby, for ''privacy'' reasons, (his account). He calls himself, can't get answer. They return our call days later and leave all the information about the ''bad debt'' on our answering machine! My SISTER was in the room when I pushed play! So much for the privacy they insisted on protecting! I was under the assumption that this was illegal for them to discuss a debt with a machine. Am I wrong?


Asked on 4/26/07, 2:05 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Debtor left message concerning debt on answering machine!

I assume you mean you called the creditor to find out how you could pay an auto debit.

Generally speaking, nothing prevents a creditor from calling and leaving information on an answering machine. The creditor had no way of knowing that you would have someone else with you when you listened to the message.

If the creditor employs a debt collector (a collection agency or law firm) that collector is bound by the Fair Debt Collection Practices Act. The creditor is not.

If you have interest in what the limitations on collectors are, you can find information on the FTC web site (www ftc gov).

Here it would be a good idea to try to work out something with the creditor to get the obligation met.

Good luck

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Answered on 4/26/07, 9:33 am


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