Can I record conversation? If I call my creditor and and get the standard "This may be recorded for quality purposes", do I then have to notify them I am recording on my end also? I live in PA but my gut tells me that if they already know it's being recorded (their system says so when I call), I don't even need to tell them I am recording - correct? Or am I way off base?
I think Doc posted a site where you can go to see if it is legal to record in your state. In some states, you can record and you don't have to tell them you are recording. I would do a search on recording AND doc's name and see what you come up with. You can do both at the same time.
In PA, both parties need to be informed that the conversation is being recorded. Doesn't the creditor already notify both parties when their own system says "This call may be recorded for quality purposes"?
I don't know for sure, but I would think that if you got their recorded message on your tape, that would be good enough. If they are telling you that they are recording you, surely they know they are being recorded also.
That's what I was thinking. The whole reason for this question is the fact that the first time they told me it was being recorded, I responded by saying I was recording on my end - they hung up because it was against their policy.
Answering machines must not be legal in pa.because they record when you aren't there to get permission from the caller:
That's how I see it. Good, because I think I have these rat-bastards in a bit of a bind then. They told me outright during my call with them that their policy is to report the status date as the date I agreed to accept their credit card offer, not the last activity on the original charged-off account.
In PA you need consent of both parties. Even with that automated "Call may be recorded for quality assurance", I think it's even more solid to have the CS rep confirm permission. You could have fun with this... Debtor: "I heard a message that says this call may be recorded. Is this call being recorded?" CS Rep: It is being recorded. PERMISSION GRANTED! or... CS Rep: (hedging) It MAY be recorded. PERMISSION GRANTED! then... Debtor: What if I don't want you to record the call? CS Rep: (lecturing) You heard the automated message; your participation in the conversation implies your consent to be recorded. PERMISSION GRANTED AGAIN! -ingenue
Here is something interesting I found on the link posted above regarding recording calls in Illinois. Illinois has an all-party consent "Eavesdropping" law Sec. 720 ILCS 5/14-2 An exception is if "recording of a conversation made by or at the request of a person, not a law enforcement officer or agent of a law enforcement officer, who is a party to the conversation, under reasonable suspicion that another party to the conversation is committing, is about to commit, or has committed a criminal offense against the person or a member of his or her immediate household, and there is reason to believe that evidence of the criminal offense may be obtained by the recording." Now, I take this to mean that if you suspect that a ca will break the law you can record the conversation, and in my opinon this includes laws concerning collection. Still, don't try it based on my opinon alone as the law also provides the following. Violating the statute is a class 4 felony (first time offense), class three (subsequent) Civil action is authorized.
SURE GLAD I LIVE IN A STATE THAT AS LONG AS I AM A PARTY TO THE CALL, I CAN RECORD THE CALL...other than the answering machine and voice mail...haven't done it...A FEW CALLS WISH I WOULD HAVE!!!
