Sixth Circuit Decides Voicemail Message is not a “Communication”

In a 2-1 opinion decided and filed on October 22, 2015 the Sixth Circuit Court of Appeals determined that a voicemail message left at the payroll department of a consumer’s business was not a “communication” as that term is defined in the Fair Debt Collection Practices Act.

The case, Brown v. Van Ru Credit Corporation, 15-1323, 2015 WL 6220521, — F.3d — (3d Cir., Oct. 22, 2015) was originally filed in May of 2014. The facts are relatively simple: Brown owed debt on a student loan. Van Ru Credit Corporation (Van Ru), a debt collection agency, twice contacted the business that Brown owns. First, in late March or early April 2014, Van Ru mailed a letter to Brown’s business seeking Brown’s payroll information. Brown did not allege that this letter in any way violated the Fair Debt Collection Practices Act (FDCPA) or any other law. On April 14, 2014, a Van Ru employee called Brown’s business and left the following voicemail in the business’s “general mail box”:

Good morning, my name is Kay and I’m calling from Van Ru Credit Corporation. If someone from the payroll department can please return my phone call my phone number is (877) 419-5627 and the reference number is *****488; again my telephone number is (877) 419-5627 and reference number is *****488.