Is it legal to record someone from a collection agency that's using illegal practices to collect money on a phone recorder without their knowledge or do we have to have their consent?
2007-11-21 15:06:38 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
This is a third-party collection agency. So what then if my state doesn't require for them to know but the state they are calling from does require both parties to know?
2007-11-21 15:24:21 · update #1
If your state is a one party consent state, you are fine.
Twelve states currently require that BOTH or ALL parties consent to the recording. These states are:
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
Nevada
New Hampshire
Pennsylvania
Washington
2007-11-21 15:16:44 · answer #1 · answered by trooper3316 7 · 0⤊ 0⤋
You go by the laws of the state in which you reside, record them, and even if you are from an all party state, all you have to say is this conversation is being recorded and as long as you say that with in the 1st 30 seconds of the telephone call, you are good to go, it is illegal for collection agencies to harass people, sue them!!!
2007-11-21 15:47:57 · answer #2 · answered by Girly Q 4 · 0⤊ 0⤋
If you are to the point that you need to tape the phone call, you should google Arizona Fair Debt Collection Act Of 2007. It tells you everything you can and can not do. What they are and aren't allowed to do and if they have violated the act you can sue them for a thousand bucks plus attorney's fees. This is not the way you want to go in resolving the debt, this just keeps the manner in which they harass you a little more civil.
2016-05-24 23:38:22 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Depends on the state. Some states, only one person has to know they are being recorded. Some states it's legal to record them without their knowledge, but inadmissible in court. In other states it's a criminal offense, regardless of how the recording is used.
While debt collectors may violate the law, the plain truth is that you owe a debt. The best way to stop them is to pay them. When a creditor calls, explain your situation, when you expect to be able to pay them, and advise them that you will only speak to them once every two weeks unless your situation changes. Any calls made more frequently than that and you will hang up on them and move them down on the list of creditors.
If they continue to threaten or use illegal tactics, tell them that you are going to report them to the Federal Trade Commission. Regardless of what you WANT them to do, they can call you every single day. In return, you can hang up on them every single day.
2007-11-21 15:22:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
When a bill collector calls you, they are usually recording the conversation. You ask them...are we being recorded. Do not anwer another question from them until they anwer you. No matter what they say, keep asking...are we being recorded. once they finally answer you, you then tell them you will not say another word unless they allow you to record the conversation. And don't. remain firm. until they give you permission to record. Also...depending on what illegal practices they are using, you might want to call your local comsumer affairs department. Tell them what is happening and see what advice they can give you. Their number can usually be found in the phone book for your county.
2007-11-21 15:17:19 · answer #5 · answered by thenora 2 · 0⤊ 0⤋
This is just a guess but if the number their using to contact you is your number, "as in listed as your residence" I would say yes. It would be the same as your vehicle being an extension of your home in reference to illegal search and seizure. To be safe you need to check with legal aid or one of the many credit counseling programs which can advise you of your legal rights when dealing with collection agency's.
2007-11-21 15:20:33 · answer #6 · answered by Rahouel 4 · 0⤊ 0⤋
Only one party needs to give consent to the conversation being recorded. That's why Lynda Tripp couldn't be brought up on charges for recording her conversations with a certain White House intern.
2007-11-21 15:14:11 · answer #7 · answered by DOOM 7 · 0⤊ 1⤋
According to the federal wiretepping statute, only one party has to consent to the recording.
2007-11-21 15:34:13 · answer #8 · answered by StressedLawStudent 4 · 0⤊ 0⤋
Depends what state you are in. For instance, if you are in Oregon, only one party needs to know that the phone call is being recorded.
2007-11-21 15:10:13 · answer #9 · answered by pdx b-bang 2 · 0⤊ 1⤋
Exactly what PDX said. I'm originally from Oregon and it's legal to do that there but in Florida for example it's not.
2007-11-21 15:12:19 · answer #10 · answered by Eisbär 7 · 0⤊ 0⤋