I am going to record a phone conversation tomorrow. Does anyone know the site or the rules in ohio. I am not sure if it is 1 party, 2 party, or no party.
http://www.rcfp.org/taping/ Ohio Rev. Code Ann. § 2933.52 (Anderson 1999): Intercepting, recording or disclosing the contents of a wire, oral or electronic communication if a person is a participant, or has obtained the consent of at least one participant, is legal unless it is accompanied by a criminal or tortious intent. Illegal interceptions are felonies and also carry potential civil liability for the greater of actual damages, $200 per day of violation or $10,000, along with punitive damages, attorney fees and litigation expenses. Ohio Rev. Code Ann. § 2933.65 (Anderson 1999). The recording of cordless telephone conversations picked up, initially inadvertently, through a baby monitor without the consent of any party to the conversations was found to be an illegal interception of both an oral and wire communication by the state's highest court in 1994. Ohio v. Bidinost, 644 N.E.2d 318 (Ohio 1994).
Great thanks. It is a one party state here. Anyone know a good way to let them know they are being taped without being too obvious. Also, if they do not send the deletion and I send an intent to sue letter can I ask for a deletion and a settlement of $2000(they have 7k in violations) or would this be blackmail. thanks
You don't have to tell them...YOU ARE ONE CONCENTING PARTY. If you want to let it slip??? "HOLD JUST A MIN. I GOTTA' TURN THE TAPE OVER"
Heh that is evil. Last time I talked to them(a year ago) it was because it hit my wife's cr and I had never heard of em. I called and they said it had been there all along. I said no I have credit watch and the #@$^% said I was a liar and I should pay the bill. I said it is not her bill and she told me their attorny would sue me. Dang I wish I had that conversation taped. This time, however, I will not make the same mistake. I wish I had found this forum a year ago. If I send an intent to sue, should I send it to UCB and make it in attention of their registered agent for process of service. I got his name from the secretary of state site but his address listed is different than the CAs address. I have the letter made out to ucb faxed to ucb but attention to him and I am mailing all the proof(copy of the fax and date sent, copy of the entire fax sent, paste of the last day of validation from equifax and experian showing no dispute or deletion shows and it shows it was verified during validation).
I have some software on my computer that allows me to play messages over the phone line. As soon as they (the CA) pick up I hit play. A nice womans voice(although digitized) says, "To ensure compliance with the Fair Credit Reporting Act, the Fair Credit Billing Act, and the Fair Debt Collection Practices Act, this call will be recorded, and any information gathered may be used in litigation against you at a later date. Thank you, one moment." And then I start in on them. You'd be suprised at how many stammers and awkward pauses there are at the end of that recording. Today I immediatley got (after I was already transferred to the person working on my "case") "Hold on a second, sir. Let me get someone who might be able to help you." LOL NOTE: To any CA's that like to hang out on BB's and gather intel, if one of your representatives hears that recording it's me on the other end. While I might not know all of the ins and outs of the laws governing this, your rep had better be batting 1000. I will find any inaccuracies and misrepresentations contained on that tape. Maybe not todays tape, but maybe tomorrow. That 3 year old, unsubstantiated, $87 debt, is going to cost you a lot more. That brings up another point. Can I get into any trouble for harassing the CA? I mean If I abide by the rules that they have to set forth in the FDCPA I should be alright right? I'm calling them daily. Heh, maybe they'll send ME a cease communication letter.
Why bother with harrasing them? Just send them a cease and desist letter and be done with them. I seriously doubt that they'll bring you to court for $87.
Texas, What type of software is this? Also, is the file you play just a .wav or does it need the software to function?
Oh this will intrigue you. These people keep notes in their phone que complete with an outline of what was talked about the last time. Once they see that they were nasty the last time and nothing happened they will GET EVEN NASTIER. Be prepared for a fascinating conversation and a fast rack up of violations. See if you can get the same person on the phone again. Don't even tell them they are being taped, it's not necessary. Keep your cool & have fun. Keep us posted Pic. I'll be awaiting your update tomorrow.
Honestly, it's not affecting my score too terribly I don't think. I have bigger fish to fry in that department. I'm just amazed that they're fighting that hard for $87... a SW bell phone bill in 99. In 95 I moved to CA. The enitre year of 99 I was in the Middle East. I didn't move back to TX until recently. Point? It's not mine and they know it and won't remove it. I'll just let them keep screwing the pooch on this one. Maybe the lawsuit will help me pay off an outstanding debt that IS mine I have a feeling I know whos it really is (along with some other utility bills), but the fact remains, it isn't me. Not to say I haven't got any debts discharged that were realy mine, but... I keep files, they should too.
The program I use to play the wav file over the phone line is just some piece of crap I compiled myself. All you really need is a TAPI application that can get lineGetID with a device ID of "wave/out". Confused? I think Call Corder and ModemSpy have the capability to do so. Actually I'm sure ModemSpy does. Plus you can record phone conversations to your HDD (I prefer tapes). The file I use is just a wav file, but some other cool software... Coolspeaking. It converts text to wav files in various voices. Sounds a little more professional and intimidating (I think) that way. You can download a trial version that you can only use 15 times, but how many of these messages are you going to record, right? All programs are freely available on download.com and tucows.com. Goodnight
Ok, so a thick headed question... I'm in a two party consent state (IL) and the OC is in a one party consent state (AZ)....does that mean they can tape me without authorization but I can't tape them? Can I tape just *my* side of the converstaion then ?<grin>
UPDATE: I called them this morning. The lady on the phone said she sent out an itemized statement last Saturday. The CA is 2 1/2 hours away. I asked her if she validated the debt and she said, and I quote, 'I just sent an itemized statement- I did not send validation'. I have her on tape stating she did not send the requested validation. She did not have our phone number so I have it to her. Why you ask? Because I sent in a C/D letter and I hope they are dumb enough to call. She said even though I am the one who went into the hospital it was on my wife's report because it is her insurance. Also, keep in mind they verified during validation and they never put it in dispute. Should I send in the intent to sue letter?
