In Leahey v. Franklin Collection, Inc., the District Court for the Northern District of Alabama found that an answering message heard by a third party still violated the FDCPA and Hosseinzadeh v. M.R.S. Assoc., Inc. 387 F.Supp.2d 1104 (C.D.Cal. 2005) notwithstanding a 3-second pause and instructions for third parties not to listen to the message.  A copy of the decision is here.