is it against any laws to claim that i have a recorded phone conversation of an OC stating that they have approved my settlement offer even if i dont? during our last phone chat, they specifically said 'your settlement offer has been approved' and i got the girl's name and extension #. I told them that I wanted to draft the settlement, including MY terms, since i know if i leave it up to them, they could be too vague, etc. i'd love to state in my letter that i recorded that conversation even tho i didnt. (please dont tell me that 'its wrong to lie' etc. i just want to know if its illegal. I dont really care if its wrong since they've lied to me a hundred times.)
If bluffing were illegal all Collection calls would come from prisons. It's illegal to record without saying you are recording, it's not illegal to say you are recording and don't record.
You can RECORD any call...just don't ever produce it in court!!! TRANSCRIBE it like in HIGH SCHOOL or COLLEGE notes... 11:42 SATURDAY 07/26/2003 the phone rang CALLER ID said "UNKNOWN" and no phone number showed...she said MRS GREY or BREY she was talking about owing $5,000 to SEARS...I tried to explain that I never had a SEARS card...but she kept on cutting me off...I asked what they have for proof...she said they don't have to produce any proof because it is mine...so she said...I asked for her supervisors name and she said she does not have one and hung up...call ended at 11:51 ...OR when they say who they are...SAY FOR TRAINING PURPOSES...YOUR CALL IS BEING RECORDED!!! ALL THEY CAN DO IS HANG UP!!! "IF" THEY DON'T HANG UP...THEY HAVE ACCEPTED THE RECORDING!!!
You can record a call without informing the other party as long as one person (you) knows the call is being recorded. That's the law.
In California, you must inform the other party that they are being recorded or have an audible beep every 10? seconds.
Re: Re: recorded phone calls Not necessarily. Work in the following phrase: "Although I've not had time yet to fully transcribe the conversation but you DID say the following: "We agree to the terms"", or whatever she said. They know what "transcribe" means. -Always Record Your Calls!
Re: Re: recorded phone calls It's illegal to record without saying you are recording NOT IN CO AND MANY OTHER STATES!!!!!! ONE PARTY~~TWO PARTY
Re: Re: recorded phone calls 12 STATES "BOTH PARTIES" California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, and Washington. THAT MEANS ONLY ONE PARTY FOR ALL THE OTHER 38 STATES..."YOU" ARE ONE CONSENTING PARTY!!!
Re: Re: Re: recorded phone calls YAY! I'm in MO! (missouri) The show me state. As in "SHOW ME THE MONEY!!" YAY. LOL
Re: Re: Re: recorded phone calls Be careful with laws of "recording telephone calls", and more importantly, how you will USE the taped call. As a veteran of the stock brokerage industry, where all TRANSACTION calls were recorded there are some "details" which are murky. In general, if a call is "recorded", that is "taped", the party tape recording the call MUST inform the other party they are "Speaking on a recorded line" (If you have ever spoken to a mutual fund company, you have experienced this most likely). The "rub" comes when you get to "intention of use". That little disclaimer that you get while calling, "this call may be monitored for quality purposes", LOOSELY covers the recording party. However, as we speak of them in this forum, it is ILLEGAL to use them if you are not aware the taping is done with INTENT TO USE, ESPECIALLY IN A COURT OF LAW! In other words, the recording for "quality purposes" IS LEGAL, as they only INTEND to use it for THEMSELVES. If they use outside of their own PERSONAL USE, now we are stepping into illegal territory. Be careful, and be aware(EDUCATED!), most CA agents are not going to know this law. I just went through this w/Midland Credit Management. By the tone of the call, I knew I was being recorded. However, I had not called in on the traditional 800 number, and did not hear any "disclaimer". When I asked the CSR if I was on a recorded line, she said yes, I requested to be taken off, and she said "No", that they can record the call! I said I knew the LAW, and that I had not been made aware of being recorded, and taping must cease immediately. So..THIS IS IMPORTANT! IF YOU THINK YOUR CALL IS BEING RECORDED..ASK! IF THEY SAY YES, REQUEST EITHER: 1) TO STOP RECORDING IF YOU LIKE, AND STATE YOU WERE NOT INFORMED, AND THAT THE DISCLAIMER IS NOT SUFFICIENT OR: 2) REQUEST A WRITTEN TRANSCRIPT OF THE CONVERSATION. LOOK FOR THE "DISCLAIMER" REMEMBER, ANY MISUSE OF THE PHONE LINES CAN BE CONSTITUTED AS FRAUD
Re: Re: Re: Re: recorded phone calls Great Stuff!! I've had this thery: If I record them in a two party state: I know it. (party one) the person I'm talking has no right to expect he/she is not being recorded. After all there is the message "this call may be recorded." Since this warning is being supplied by the same party, that party should not reasonably expect the call to be unrecorded.(party two) both parties covered. Only problems are who owns the recorder and where it will end up. Additionally: if they (the CRAs) have any recordings, those recordings can be subpoenaed.
Re: Re: Re: Re: recorded phone calls To any one reading this thread: Please be aware that laws about recording vary from one state to the next. Because ot that, it would be difficult to get a good quality answer that would cover all states.
Re: Re: Re: Re: recorded phone calls TO THE CSR--->"PLEASE SPELL YOUR FIRST AND LAST NAME FOR THE TRANSCRIPT"
Re: Re: Re: Re: Re: recorded phone calls HUHH???? 12 STATES "BOTH PARTIES" California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, and Washington. THAT MEANS ONLY ONE PARTY FOR ALL THE OTHER 38 STATES..."YOU" ARE ONE CONSENTING PARTY!!!
I also think the rules are a little different for a business than it is for a consumer. I'v ehad my lawyer, (In NC), tell me that as long as 1 party knows about the recording (that being me, if I'm the one recording the call) then I can record without telling the other party. If I call a business, then they have to tell me the call is or might be recorded. Even though it's ok for me to record the call, how it can be used is important. You can use it to substantiate anything between YOU and that other 2nd Party only. If for example, you called person A and recorded them saying that person B told them they killed someone, YOU can not use that in court to convict person B. If you call person A, and they also bring on person B, anything said between person A and B can not be used in Court. But, ANYTHING else that person A says to YOU, that you are recording, can be used (at least in NC) This is how I won my child custody case, that hairbrain, pyscho, nut-case ex of mine just couldn't keep her mouth shut when she called me (about 5 times a day to bitch at me,m threaten me, harrass me, tell me I'd never see the kids again, that she enjoyed seeing me suffer, etc ...) Never had to actually play it in Court though, my lawyer took my transcripts back into the Judge's chambers and once the Judge and her lawyer saw the actual facts of what kind of person my ex actually was, they came back out and told her to go home and then sat down with me and asked what all I wanted in the custody order. FedUp2003
Nope, Like I had posted in another thread, I don't usually give up, especially when I think I'm right. In this case, it took me about 2 1/2 years to win the custody case, but it was worth it. Short version: Was ran out of my house for the last time by my ex, went to go live in back bedroom of mom's house. Still paid the rent, bought groceries, paid the bills, etc ... all except for daycare, cause my ex used to stay home, but decided a year back form this that she wanted her own "career" and took up being a CNA, hoping one day to be a nurse. We agreed that all she had to pay was daycare, the rest of her paycheck was her FUN money, etc ... After I left, but was still paying the bills (BTW, I was of the opinion at the time that the kids are usually better off with the mom, but with the dad having very liberal visitation rights) but ... she quit paying the daycare and was also fired ... being late, calling in sick too much, etc ... then she starts neglecting the kids, running around, partying, etc ... I take the kids, move to an apartment, request 2nd shift. Take care of kids durning the day, take them to my uncle to babysit for 1 hour until my Mom/Dad get off work, they pick up kids, I get off work at 11pm, gp pick them up at mom's, go home, we all go to bed, and repeat the next day. A few months later, I receive a call at work, it's the ex, she informs me she picked up the kids from my uncle and that I'll never see them again. Oh Shit! I get a lawyer and an Emergency custody order, me and the Sheriff go and get my kids. We are in Court in about 2 weeks (the Emergency Order is only good for abot 2 weeks) so the first lawyer I has sucked, didn't even present my case, I think the Judge realized this and gave me a chance to get a new lawyer, but in the mean time gave my ex "Temporary Custody" pending the outcome of a final, permanent custody hearing. Well, 2 1/2 years later and a lot of fact-gathering and bascially feeding her enough rope to hang herself, she did, and I win my case based on the sheer volume of her harassing and demeaning calls, and based on the fact that once I was paying her child support, she didn't care about keeping the kids anymore and little by little they spent more time at my place until the last year or say, they stayed there every day and every night (all recorded of course) Hell, once they reached school age, they were even enrolled at the school near my apartment, one county over from where she was living. The Judge was VERY interested to learn that I was sending the kids to school for the past 1 1/2 years and that they spent every night with me, etc ....and at the same time I had recordings of my ex GLEEFULLY laughing at the fact that I'm paying her $560 a month for support, and that she's going to get even more from me what I get my next pay raise, and how she loved the fact that she wasn't paying on any of the CC debt she ran up on me, how she enjoyed seeing me suffer and live in my squallor, etc .... FedUp2003
Re: Re: recorded phone calls Good for you, FedUp. Cases like yours are exactly what the 1-party law was intended for.
Re: Re: recorded phone calls SINCE 76% OF THE STATES ARE "ONE-PARTY"...ONE WOULD THINK THAT THE 24% IS WRONG...JUST BECAUSE A STATE HAS A LAW...IT DOES NOT MEAN IT IS RIGHT...
