Blank asked in Business & FinanceCredit · 1 decade ago

Can I also record a telephone conversation if the other party has informed me that the call may be recorded?

This question is in regard to an overly aggressive debt collection agency. After reading up what debt collectors are not legally allowed to do, it seems that this particular organization is violating the law by calling after 9pm and making harassing calls to my parents (with whom I have not lived for over a decade). Basically, when I speak with the representative, they always inform me that the "call may be monitored or recorded". I would like to know if, since they have already let me know that the call may be taped, am I also legally permitted to tape the conversation?

Update:

I have offered to pay the outstanding balance (in full) through the online payment system of the original creditor (which is still an option). The debt collector told me that I must pay them directly. As I did not wish to give my account information to a company I never heard of (and if I pay online the guy that keeps calling won't get any commission), I refused. Also, my parents have nothing to do with this loan, and I never lived with them at their current address or phone number. As laws vary by state, it should be noted that I reside in VA and the collection agency is in FL.

4 Answers

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  • CatDad
    Lv 7
    1 decade ago
    Favorite Answer

    You can record if you clearly indicate this up front. State the following:

    Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.

    ===================

    - NEVER give out your checking account/bank routing numbers to debt collectors for making electronic debit payments.

    - By themselves, debt collectors have absolutely no legal power over you., they cannot garnish your wages or freeze checking accounts...only a court can authorize this and they’d have to go through the court system to do this.

    - If they threaten you with a lawsuit/legal action, then ask for their alleged attorney’s full name and license number in the state bar association. Call your state bar association to confirm this info. If they refuse to give this info to you, then the legal threat is probably a bluff.

    - Get all terms of any settlement deal you reach with debt collectors IN WRITING BEFORE you give them your money. This letter should state the settlement amount and that the account will be settled/paid in full upon receipt of this amount from you. Never accept settlement deals over the phone that are not backed up in written terms. If you don’t, the debt collectors will deny that any settlement was ever made once they get your “settlement” money and will come back demanding more money from you...

    - Debt collectors love to create a false sense of urgency...If they’ve waited months/years for your payment, they can wait one or two weeks for any payment or settlement agreement from you. Any “deadline” like 5PM to get any payment to them is bogus.

    - If this is for old charged-off, credit card debt, then check to see if this debt is outside the statute of limitations before you pay anyone. If they debt is beyond the statute of limitations, then you don’t have to pay it.

    There is a statute of limitations for credit card debt, which is the amount of time that they can successfully take legal action against you for the debt. This time period varies for each state. You can find this time period for your state by going to the link below and looking under "Open Accounts."

    http://www.creditinfocenter.com/rebuild/statuteLim...

  • 1 decade ago

    The original creditor charged off your account and sold it to the collection agency. You have to deal with the collection agency. Get any settlement agreement in writing before you penny and absolutely do not give them direct access to your bank account. Send a money order.

  • 1 decade ago

    It is legal but you must let them know that you will record their conversation and ask them if it is okay, if they say no then you can hang up.

    To stop the calls you must contact them immediately and work out a payment plan, you do owe it, you did agree to pay for your charges.

    tell them not to contact you at the other phone numbers, because you no longer reside their, if you parents signed for the credit cards or what ever you owe, then they could be liable also.

  • 1 decade ago

    u must tell the collection agency u are recording the call if they say no hang up and send a letter to the collection agency telling them to stop calling you

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