Hi again, I filed my answer and notice of appearance and the law firm called and left a message. I imagine I should call them but I want to record it and my cell phone has a nice record program for it(I know I have to tell them) If I called from a cell phone do you think they woudl then start harrassing me at that number? I really don't want to start recieving calls on my cell but it has the record feature.
"I know I have to tell them." Not necessarily. You may live in a one-party state and you very well could be recorded.
You would need to check the phone recording laws for your state. Some states require all parties to authorize recording, but Federal law, and other states, allow recording if one party to the call authorizes it. If you call them, and their own initial recorded greeting message says something like "Calls may be monitored or recorded to ensure quality of service", or something similar, they have notified you that they may record, so if you continue with the call, you have probably agreed. You could take that as authorization for you to record also. Some states allow recording without notice when a party to the call has reason to believe the other party is engaging in criminal activity such as extortion. See this: http://www.crimetime.com/phonecallssample.htm Some CAs, even in two party authorization states, have been known to play games accusing callers of "lying", or similar FDCPA prohibited harassment, and then disclosing they have them on tape, having not previously notified the caller they were recording. Whether or not they were actually recording, I would presume this would also authorize the caller to record. You might record, and also "memorialize" the conversation in writing, using the recording to check and ensure the accuracy of your notes immediately after. If there is an issue in your state of whether the recording could be legally introduced into court, you still have your contemporaneously written notes, and can attest to their accuracy. (Note: I am not an attorney. The above is just based on what I have read on the Internet. Use at your own risk.)
Thanks guys I knew that stuff though, I imagine that their system will say that and if it doesn't then I will mention I am recording it as pa requires both parties know. I am wondering about the cell phone bit though. I really dont' want to recieve a bunch of calls from ca's on it but it would be much more convenient to just use its record feature. If I tell them they can't contact me at this number would that be enough?
If you are exercising your rights under FDCPA to request that they not call you, do it in writing, CRRR. Word your request in line with the FDCPA wording. Whether they honor that, and whether and how you would or could use their blatant harassment if they didn't, is another matter. If they chose to ignore your request, your cell phone was tied to your business, and their excessive harassing calls resulted in loss of business, or interfered with your job, whould you be prepared to take legal action on that? Or would you just have to change your phone number?
I am in the middle of a lawsuit with this agency(they filed the lawsuit) and they called me and left a message saying to call them. I believe they just recieved my answer to their complaint. So I guess I have to call them back or they may say to the judge that I am being uncooperative. It may also be about a scheduling agreement which our local rcp says we should try to agree upon before hand. So I am just wondering if they would start harrasing me at a cell phone number? I guess maybe I can check and see if the cordless phone has a loudspeaker function and just record it that way.
If the call strays from scheduling, or becomes harassing, just tell them that they have your address, you have requested that they communicate in writing on this matter, and if they have anything to tell you, they can do it by mail. Then hang up, memorialize the call, and send them an additional "reminder", CRRR. Print out your cell phone log, to document the calls. This is business. They will either honor your request, or if they are used to bullying, continue to harass you by phone, as you build a paper trail of FDCPA violations. Several calls in close succession following notice to not call, with your documentation of their harassing content, and particularly if they threaten illegal actions or deceptively, is what your are looking to document. FDCPA violations are due to the manner of collecting, separate from any issues of whether the debt is valid.
