Inman v. NCO Financial Systems - ED Pa. - October 21, 2009
http://www.paed.uscourts.gov/documents/opinions/09D1288P.pdf
Defendant debt collector's automated messages left on Plaintiff's answering machine consituted "communications" under the Fair Debt Collection Pracctices Act, 15 USC sec. 1692a(2). The court relied heavily on the decison in Foti v. NCO Financial Systems, 424 F.Supp. 2d 643 (SDNY 2006)
NCO’s records reflect that automated telephone calls were placed on the dates and times alleged, and that the content of the recordings on Plaintiff’s voicemail system accurately reflects a portion of NCO’s automated interactive “script.” Such portions of the script went as follows:
This message is for - Thomas Inman. Please call us back today at toll-free, 1-800-350-2457. When calling back, the Reference ID is EL9170. Once again, this number is toll-free 1-800-350-2457. Thank you. Goodbye.
or
This message is for - Thomas Inman. Please call us back today at toll-free, 1-800-350-2457. When calling back, the Reference ID is EL9170. Once again, the number is toll-free 1-800-350-2457. Thank you. Goodbye.
There were about 20 such calls over a one-month period.
