Recording Phone Conversations ...

Discussion in 'Credit Talk' started by wildbill, Jun 2, 2003.

  1. wildbill

    wildbill Well-Known Member

    Perhaps this will come in handy when dealing with CA's who refuse to play by the rules!

    35 states where it's legal for one party in a phone conversation to secretly tape the conversation:

    Alabama
    Alaska
    Arizona
    Arkansas
    Colorado
    District of Columbia
    Georgia
    Hawaii
    Idaho
    Indiana
    Iowa
    Kansas
    Kentucky
    Louisiana
    Maine
    Minnesota
    Mississippi
    Missouri
    Nebraska
    Nevada
    New Jersey
    New Mexico
    New York
    North Carolina
    North Dakota
    Ohio
    Oklahoma
    Texas
    Rhode Island
    South Carolina
    Tennessee
    Utah
    Virginia
    West Virginia
    Wisconsin
    Wyoming

    Source: 2002 Cumulative Supplement to the "Fair Debt Collection" manual, National Consumer Law Center
     
  2. BrettS

    BrettS Well-Known Member

    Out of curiosity, does one need to live in one of those states or does the debt collector need to be in one of those states... or both... or either?

    Thanks,
    Brett
     
  3. MOVINGONUP

    MOVINGONUP Well-Known Member


    DITTO, that would be helpful, wouldn't it????


    I live in california, CA is in NEW YORK, I want to record. Am I breaking the law??????
     
  4. GEORGE

    GEORGE Well-Known Member

    RECORD IT ANY-WAY!!!!!!

    ***Just "TRANSCRIBE IT" in your own handwriting***

    Pretend you are in HIGH SCHOOL or COLLEGE!!!

    Mr BRAY...could be GRAY...called me at 07:42 am on TUESDAY 06/03/2003 his number on the CALLER ID said UNKNOWN...he said he was calling from XXXXX company in ATLANTA GA
    SOUNDS LIKE A CA TO ME...

    He refused to give me his first name.
    He refused to give me any phone numbers or address.
    He refused to give me any SUPERVISOR number or name.
    He kept on saying I owe $1,200 to SEARS...trouble is I have never had a SEARS account...
    He would not listen to me that I never had a SEARS account.
    He also would not take my word for it that I never lived in NY.
    He said over and over that I would get another call soon.
    --------------------------------------------------------------------------------------------
    NEVER PRODUCE THE TAPE IN COURT OR YOU WILL BE FRIED...EVEN IF THEY ARE FOUND TO OWE YOU $1,000 + COURT COSTS...YOU MAY LOSE IT ALL IF YOU PRODUCE THE TAPE!!!
     
  5. MOVINGONUP

    MOVINGONUP Well-Known Member

    Thanks, I will do that!!!
     
  6. chipper

    chipper Well-Known Member

  7. Butch

    Butch Well-Known Member

  8. reddevil

    reddevil Well-Known Member

    Re: Re: Recording Phone Conversations ...

    Both parties have to be in a one-party consent state. If either party is in a two-party state, you have to get consent before taping.

    I would argue that, if the other party announces that they "are" or "may be" taping, they have given consent, but I'm not sure that would win everywhere.

    You can tape and transcribe, but do NOT admit that you taped unless you KNOW that both parties were in one-party consent states. It's illegal to TAPE, even if all you do is put it in a box in your garage.

    And note that, just because you dial a number that appears to be in a one-party state, does not mean that you were not routed to the call center in a two-party state. I believe the law is interpreted to mean the physical location of the person to whom you are speaking, not the "location" implied by the phone number.
     
  9. wildbill

    wildbill Well-Known Member

    Re: Re: Recording Phone Conversations ...

    What about those generic recordings weâ??ve all heard when calling into a company answering/routing system... ? ...

    "This call may be monitored or recorded for quality purposes..."

    Hmmm â?¦ "Quality Purposes" â?¦

    Perhaps there's a bit of a loop hole here that could be used in reverse? I would love to see the look on a CA's face when they call & are greeted by a such a recording...

    "You have reached 555-5555, this call may be monitored or recorded for quality purposes, please hold while the resident is contacted ..."

    I bet certain CAâ??s would play a lot nicer!!!
     

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