I sent a validation request to a CA after receiving their "initial notice" letter. My letter clearly states that I wish to receive communications only in writing. The green card was signed on 7/12/02. This CA has continued to call me every day this week. Is there any way I can obtain proof of their calls (from the phone company?) Of course, they show as "blocked" on my CID. I would tape them; but the calls are coming from a 2-party notification state. My understanding is that the laws of the "most conservative state" in an interstate call are usually applied to determine the legality of taping. I have a log of the exact date / time / name of caller. But, I'd like solid proof of the violations. Any suggestions would be appreciated. Greg
Since you're in a two party state, both parties must consent to the taping of the call. So, one thing you could do is, next time they call, and you think it's them even before you answer, start recording, pick-up, and: Greg: Hello? CA: May I speak with Greg? Greg: Speaking CA: Hello this is John at Collections R Us.... Greg (interrupting collector): The time is now (insert time), the date is (insert date), please do not call me anymore. I'm recording this phone call, and will record any future calls you make to me. ~click. Now if I'm wrong here, someone please correct me, but the way I see it is Greg can't possibily know who's calling before they identify themselves, and using this short version of a phone call, he'll be advising the CA (on tape) at the earilest point in the converstaion that the call is being recorded. Greg, one more thing, you say they have their number blocked. Do you mean it comes up as "private" or as "out of area". Private numbers can be blocked from calling you, (they would have to unblock their number/name).
I don't see this as working to your benefit. The CA has to CONSENT to a recording. Simply telling them that the call is being recorded does not satisfy the law. Next time they call, just ask if you can record the conversation. When they ask why, just say that you are trying to get your financial records in order and need documentation for your records (or something like that). Make the answer vague, but do not lie outright. The CA will most likely say no, but you could possibly get some moron to say yes if it's apparent that you will only talk to him if he says yes. If they do say no, tell them not to call and hang up. Also, it will catch the CA off guard. CA's work by intimidation, and it's really the only thing that they're any good at. They usually don't know the law, and don't care about much else but getting the money. The idea of having a phone call recorded is intimidating to the CA. Just an idea, it's a long shot at best... Also, I'm pretty sure that you have to get the consent on the recording, and the date/time. If you start recording AFTER some idiot gives consent, he/she can deny it in court. They will deny anything you can't prove. Good luck!!
Call your local Police Department and place a report for harrasing calls as well as calling your phone company. Both Phone company and Police Dept will tap your phone line for a week or two. I am not sure if you can get a report from them, you may want to obtain one if you can. This is the only way I know to take care of that problem. Further, if the CA doesn't stop calling you than you can press charges. This should be a general thing that you can do in any state....
I see your point SK. However, we don't know whether Greg or the CA are even in a two party state. If not, then he can tape with no problems. If so, then your idea just may work.
One last thought.. This probably wouldn't work in small claims, but you could subpeona the CAs phone records in court to prove that they broke the law. So, you could send the CA an intent-to-sue letter, with specifics on the phone calls. The CA will know that they broke the law, and when you tell them that you know, it should give you a leg up in negotiation. Even if they believe that they can deny any contact with you after the C&D, they may not want to take the chance. Maybe you should consult with a lawyer on this.
IF THE CALL SHOWS UP PRIVATE NAME~~~PRIVATE NUMBER... PICK UP THE PHONE...DIAL TONE...PRESS *77...BEEP...BEEP...DIAL TONE.......... NOW NOBODY CAN CALL YOU THAT HAS A BLOCKED NUMBER...THEY WILL BE TOLD TO PRESS *82 AND YOUR NUMBER...IF THEY DON'T LIKE THAT...TUFF!!! F.Y.I.~~~THEIR NUMBER MAY OR MAY NOT SHOW UP...IT MAY SAY UNAVAILABLE OR OUT OF AREA... I HAVE PROBABLY GOT RID OF 50 CALLS PER MONTH WITH *77!!! IT IS MY FAVORITE NUMBER!!!
