· 10/31/2008
Berg v. Merchants Ass'n Collection Division, Inc.
Citations
- 586 F. Supp. 2d 1336
- 2008 U.S. Dist. LEXIS 94023
- 2008 WL 4936432
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- following the reasoning in Foti and finding debt collectors are not entitled to leave messages
- describing automated telephone messages as an “inherently risky method of communication” and noting that debt collectors could use such a mode of communication at their peril
- suggesting alternative means of communications to include postal mail and in-person contact
- “Debt collectors have no entitlement to use automated messages to reach debtors, and courts have no obligation to harmonize different provisions of the FDCPA so that debt collectors may use an inherently risky method of communication.”
- involved message on landline answering machine
Source: CourtListener parenthetical corpus (CC0).
Judges: William P. Dimitrouleas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.