Debt Collector Accused of Leaving Vague, Illegal Telephone Messages

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Kirschenbaum & Phillips, P.C. is facing claims that it failed to comply with certain provisions of the Fair Debt Collection Practices Act (FDCPA). The plaintiff in the case says he received a telephone message from the debt collector that failed to clearly specify the defendant’s identity and purpose. More specifically, the suit claims Kirschenbaum & Phillips violated the FDCPA by:

• Leaving pre-recorded telephonic voice messages for consumers that fail to provide meaningful disclosure of the caller's identity;
• Leaving pre-recorded telephonic voice messages for consumers that fail to disclose the call is from a debt collector; and
• Leaving pre-recorded telephonic voice messages for consumers that fail to disclose the purpose or nature of the communication (i.e. an attempt to collect a debt).

According to the complaint, the messages are designed “to be vague enough to provoke the recipient to return the calls in haste.” The suit claims the defendant was fully aware of the FDCPA’s requirements yet intentionally neglected to adhere to these regulations.