For More Information, Check out my Other Site: FotiViolation.org
What is a Foti violation and how can it help you? A Foti violation is a message that is left on your voice-mail in which the collector does not identify themselves nor gives you the statutorily mandated disclosure called a Mini-Miranda. In the case of Paul Foti (FOTI V NCO FINANCIAL SYSTEMS), NCO called Paul Foti and left a message that asked him to return their phone call in regards to a very important business matter. The message did not identify NCO Financial Systems as a debt collector attempting to collect a debt (Mini-Miranda).
In most cases a Foti Violation will be a $1000 violation. This likely will be combined with other violations to add up more statutory damages. Remember that you can only have a maximum of $1000 FDCPA statutory damages per defendant in a case.
In the Foti call, it could not be determined from the name NCO Financial Systems that they were a debt collector. Section 806(6) of the FDCPA states that placing a telephone call to a consumer without meaningful disclosure of the caller’s identity constitutes harassment or abuse. See DROSSIN V NATIONAL ACTION FINANCIAL.
Other relevent case law:
GRYZBOWSKI V IC SYSTEM INC. -NCO argued that the message was not a communication in an attempt to collect a debt… wrong!
MARK V JC CHRISTENSON & ASSOCIATES- call is in connection with collection of a debt
COSTA V NATIONAL ACTION FINANCIAL SERVICES- failed to state message was from a debt collector.
THOMAS V COMMERCIAL ADJUSTMENT- call is in connection with collection of any debt.
INMAN V NCO FINANCIAL SERVICES, pre-recorded call is a communication
ROMEA V HEILBERGER & ASSOCIATES, A pre-recorded message is a communication as defined and ruled upon by the Courts.
COLL V TOLL
PIPILIES V CREDIT BUREAU
CAVALARO V LAW OFFICE OF SHAPIRO & KREISMAN
STINSON V ASSET ACCEPTANCE LLC
CHLANDA V WYMARD
LEWIS V ACB BUSINESS SERVICES
MASCIARELLI V RICHARD J. BOURDREAU & ASSOCIATES
HARRINGTON V CACV OF COLORADO
PICHT V HAWKS
ACOSTA V CAMPBELL
BLAIR V SHERMAN ACQUISITION
WEST V NATIONWIDE CREDIT
CLOMAN V JACKSON
EDWARDS V NIAGRA CREDIT SOLUTIONS INC
Keep in mind the Foti violations that may occur as you get messages from Debt collectors. It seems like a Catch 22 when they leave a message. They either violate by leaving too much information or they have a Foti violation by leaving too little information. Damed if they do… Dont you feel sorry for them?