In this episode of Debt Collection 101, we discuss the Nelson vs. Receivables Outsourcing, LLC case and what it could mean for the future of collections text messaging!

  • Some cell phones transcribe your message to text when you get a voicemail, and that would show up on your screen if you have notifications on. If someone looked at your screen when you got a debt collection call, they could see information on your debt and this was claimed as 3rd party disclosure.
  • Nelson vs. Receivables Outsourcing, LLC  ruled that cell phones being able to transcribe voicemails on a consumer phone is not a third party disclosure.
  • In this case, the individual has complete control over whether or not to have the option on their phone so the collection agency has no knowledge if that person has that on or off.
  • An analogy for this is setting up a megaphone on the top of your house, and it's going to transcribe all the messages you get over the megaphone because it's easier for you. I want to hear them from a mile away. You can't blame a collection agency from leaving a message.

Looking for more educational information? Check out these Debt Collection 101 episodes covering Breda vs. Cellco Partnership-Big Win Against TCPA and TCPA Lawsuits and the Three Second Pause.

 

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