The questions and answers below pertain to compliance with the Debt Collection Rule.

Limited-Content Messages
QUESTION 1: What is a “limited-content message”?
ANSWER:
Under the Debt Collection Rule, a “limited-content message” is a message that:
 Is a voicemail;
 Is for a consumer; and
 Includes the required content.
The required content includes the following:
 A business name for the debt collector that does not indicate that the caller is in the business of collecting debts;
 A request that the consumer reply to the message;
 The name or names of one or more natural persons whom the consumer can contact to reply to the debt collector; and

 A telephone number or numbers that the consumer can use to reply to the debt collector.
12 CFR § 1006.2(j).
In addition to the required content, a limited-content message may also include one or more of the following items of optional content:
 A salutation;
 The date and time of the message;
 Suggested dates and times for the consumer to reply to the message; and
 A statement that, if the consumer replies, the consumer may speak to any of the company’s representatives or associates.

Under the Rule, debt collectors must not, with some exceptions, communicate in connection with the collection of a debt with a third party. 12 CFR § 1006.6(d). Since a limited-content message is an attempt to communicate and not a communication under the Debt Collection Rule, as discussed in Debt Collection Limited-Content Messages Question 2, a debt collector who leaves only a limited-content message does not violate the prohibition against third-party communications. 12 CFR § 1006.2(b) and Comment 2(d)-2.

In addition, leaving a limited-content message does not violate the Debt Collection Rule’s requirement to meaningfully disclose the caller’s identity with respect to that voicemail message.

Comment 2(j)-3.
For more information about the definition of a limited-content message under the Debt Collection Rule, see Section 3.3 in the Debt Collection Small Entity Compliance Guide.

QUESTION 2:
Is a limited-content message a “communication”?
ANSWER:
No.
Under the Debt Collection Rule, a “communication” is defined as the conveying of information regarding a debt directly or indirectly to any person through any medium, including any oral, written, electronic, or other medium. For example, a communication may occur in person or by telephone, audio recording, paper document, mail, email message, text message, social media,or other electronic media.

12 CFR § 1006.2(d) and Comment 2(d)-1. An “attempted communication” is defined as any act to initiate a communication or other contact about a debt with any person through any medium, including by soliciting a response from such person. An act to initiate a communication or other contact about a debt is an attempt to communicate regardless of whether the attempt, if successful, would be a communication that conveys information regarding a debt directly or indirectly to any person. 12 CFR § 1006.2(b) and Comment 2(b)-1.

A limited-content message is an “attempt to communicate” but is not a “communication” under the Debt Collection Rule because it does not convey information regarding a debt directly or indirectly to a person. 12 CFR § 1006.2(b) and (d). Thus, a limited-content message is subject to the requirements and prohibitions that apply to attempts to communicate but not to the requirements and prohibitions that apply only to communications.
If, however, a debt collector does not include all of the required content, knowingly leaves the voicemail for anyone other than a consumer, leaves the message in a medium other than voicemail, or adds content beyond the required and optional content, the message is not a limited-content message. Instead, generally, that message is an attempt to communicate. 12 CFR § 1006.2(b). Additionally, if content is added to the message beyond the required and optional content, and the additional content conveys information about a debt, the message is a communication. 12 CFR § 1006.2(d) and Comment 2(j)-1.

For more information about limited-content messages, see Section 3.3.3 in the Debt Collection Small Entity Compliance Guide. For more information about the definitions of “attempt to communicate” and “communication,” see Section 3.3 in the Debt Collection Small Entity Compliance Guide.

QUESTION 3:
Is a voicemail a limited-content message if it contains information that is required by state law but that information is not required or optional content under the Rule?
ANSWER:
No. If a voicemail includes any information beyond the required or optional content in the Debt Collection Rule, the voicemail is not a limited-content message. 12 CFR § 1006.2(j). If a state law requires additional or different information to be included in a voicemail message left by a debt collector, a debt collector’s voicemail message in that state would not be a limited-content message. For more information about the required and optional content for limited-content messages, see Debt Collection Limited-Content Messages Question 1. However, the inclusion of state-required statements or information does not mean the voicemail message is automatically a communication under the Debt Collection Rule. As discussed in Debt Collection Limited-Content Messages Question 2, a voicemail is a communication under the Rule only if it conveys information about a debt, directly or indirectly, to any person through any medium.
For more information about limited-content messages under the Debt Collection Rule, see Section 3.3.3 in the Debt Collection Small Entity Compliance Guide. For more information about the definition of “communication,” see Section 3.3 in the Debt Collection Small Entity Compliance Guide.

QUESTION 4:
If a call drops or is otherwise interrupted while a debt collector is leaving a limited-content message, is the voicemail still a limited-content message?
ANSWER:
No. If a call drops or is otherwise interrupted and results in a partial voicemail that does not include all of the required content, that partial voicemail is not a limited-content message. 12 CFR § 1006.2(j).
As discussed in Debt Collection Limited-Content Messages Question 2, if a voicemail contains information that conveys information about a debt, the voicemail is not a limited-content message and is a communication, even as a partial message. 12 CFR § 1006.2(d). If, however, a debt collector attempts to leave only a limited-content message, but the message is cut off, it is not a communication because the partial message does not contain information about a debt. For example, if the partial message contains only some of the required or optional limited-content message content, then the partial message is an attempt to communicate and not a communication.

For more information about limited-content messages, see Section 3.3.3 in the Debt Collection Small Entity Compliance Guide. For more information about the definitions of “attempt to communicate” and “communication” see Section 3.3 in the Debt Collection Small Entity Compliance Guide.

QUESTION 5:
Can a debt collector use a pre-recorded voicemail message to deliver a limited-content message?
ANSWER:
Yes. The Debt Collection Rule does not prohibit a debt collector from using a pre-recorded message to leave a limited-content message. However, there are requirements in the Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227) regarding the use of prerecorded messages that a debt collector may want to review before leaving a pre-recorded message.
For more information about limited-content messages, see Section 3.3.3 in the Debt Collection Small Entity Compliance Guide.

QUESTION 6:
Are Zortman voicemails considered limited-content messages?
ANSWER:
No.
In Zortman v. J.C. Christensen & Assocs., Inc. (870 F. Supp. 2d 694 (D. Minn. 2012)), the debt collector left the following voicemail: “We have an important message from [company’s name]. This is a call from a debt collector. Please call [company’s telephone number].” The voicemail message from Zortman is not a limited-content message because it does not contain all of the required content for a limited-content message and it includes additional
content that is neither required content nor optional content for limited-content messages, specifically that the call is from a debt collector. 12 CFR § 1006.2(j). For more information about the required and optional content for limited-content messages, see Debt Collection Limited Content Messages Question 1. Since the voicemail message in Zortman is not a limited-content message, it does not receive a safe harbor from the prohibition against third party communications under the Rule, discussed in Debt Collection Limited-Content Messages Question 2. 12 CFR § 1006.2(j).
For more information about limited-content messages, see Section 3.3.3 in the Debt Collection Small Entity Compliance Guide.

QUESTION 7:
Does the Debt Collection Rule prohibit a debt collector from leaving a Zortman voicemail?
ANSWER:
The Debt Collection Rule does not address whether debt collectors may leave the voicemail message from Zortman v. J.C. Christensen & Assocs., Inc. (870 F. Supp. 2d 694 (D. Minn. 2012)), which is described in Debt Collection Limited-Content-Messages Question 6. The court in Zortman determined that the voicemail left for the consumer in that case was not a communication under the FDCPA in the circumstances presented by the case.
For more information about limited-content messages, see Section 3.3.3 in the Debt Collection Small Entity Compliance Guide.

QUESTION 8:
Is a debt collector required to use their legal or registered Doing Business As (DBA) name in a limited-content message?
ANSWER:
No. The Debt Collection Rule does not require the business name in a limited-content message to be the debt collector’s legal name or registered DBA. As discussed in Debt Collection Limited-Content Messages Question 1, in order for a voicemail message to be a limited-content message under the Debt Collection Rule, the voicemail must contain certain required content, including a business name for the debt collector that does not indicate that the caller is in the business of collecting debts. 12 CFR § 1006.2(j)(1). The Debt Collection Rule does not change existing case law regarding whether or what names indicate or do not indicate that a debt collector is in the debt collection business. For example, if a debt collector could properly use the business name on an envelope without violating the FDCPA or the Debt Collection Rule, the debt collector could use the same business name in a limitedcontent message. 12 CFR § 1006.22(f)(2). Further, as discussed in Debt Collection LimitedContent Messages Question 1, leaving a limited-content message does not violate the requirement to meaningfully disclose the caller’s identity with respect to that voicemail message, even though that message may contain abbreviations or may not include the debt collector’s full legal name. 12 CFR § 1006.2(j) and Comment 2(j)-3.

State licensing or other laws, however, may require a debt collector to use their registered DBA when leaving messages for consumers. If a debt collector’s registered DBA indicates that the debt collector is in the business of debt collection, and if, pursuant to a State licensing or other legal requirement, the debt collector is required to use its registered DBA in a voicemail for a consumer, the voicemail would not be a limited-content message. 12 CFR § 1006.2(j)(1). In that case, because, under the Debt Collection Rule, a limited-content message must contain a business name and the business name must not indicate the caller is in the business of collecting debts, the debt collector would not be able to leave limited-content messages that comply with State law. Additionally, a debt collector must also comply with all other applicable provisions of the Debt Collection Rule when disclosing their business name in a limited-content message, such as the prohibition against using false, deceptive, or misleading representations or means in connection with the collection of any debt. 12 CFR § 1006.18(a). For more
information about the prohibition against false, deceptive, or misleading representations or means, see Section 8 in the Debt Collection Small Entity Compliance Guide. For more information about limited-content messages, see Section 3.3.3 in the Debt Collection Small Entity Compliance Guide.

QUESTION 9:
If the recipient of a limited-content message researches the business name and identifies the caller as a debt collector, does that mean the voicemail is no longer a limited-content message?
ANSWER:
No. A message does not fail to be a limited-content message merely because a person who hears the message researches the debt collector’s business name, and, in doing so, determines that the caller is in the business of debt collection. As discussed in Debt Collection Limited-Content Messages Question 1, in order for a voicemail message to be a limited-content message under the Debt Collection Rule, the voicemail must contain certain required content, including a business name for the debt collector that does not indicate that the caller is in the business of collecting debts. 12 CFR § 1006.2(j)(1). As long as the business name used by the debt collector, on its own, does not indicate that the caller is in the business of collecting debts, the message is a limited-content message, provided that it meets the other requirements for a limited-content message. 12 CFR § 1006.2(j).