Recording calls
Date: Wed, 07/11/2007 - 22:47
If you put into your cease and desist order that any phone calls from their company after receipt of this letter will be consider explicit permission by the company to record the calls of their employess without futher notice. Would this be informed consent to record as required by state laws?
Also is a signed receipt necessary now that you can go to USPS.com and track the registered letter and it will show when the letter was delivered and that it was signed for?
sorry for the three posts don't know why it happened.
sorry for the three posts don't know why it happened.
That would be kinda tricky because whoever reads the mail may no
That would be kinda tricky because whoever reads the mail may not have the authority to enter into this agreement.If a cease & desist order is sent to a collection agency and they call,it is in direct violation of Fdcpa.I always recommend getting the return receipt.It looks good in court.
1) I think if you addressed the letter to "ATTN: Collection Mana
1) I think if you addressed the letter to "ATTN: Collection Manager", the manager does have capacity to make decisions on behalf of the company. At the point he receives your letter, he either has a decision to a) prevent your number from being called in the future, or b) he continues operating while knowing any future calls by his staff will be recorded.
Cajun is right in that they shouldn't even be calling you after you send a C&D, anyway.
Now think about any time you call a CA -- there is always a pre-recorded message before it transfers you to a live person that says "this call may be recorded..."
If they call you and ask for you, simply say "Yes this is, and please be advised that after this point the call will be recorded." Then the collector has the option of terminating the call, or he/she continues while knowing the call is being recorded.
2) While USPS does provide tracking through its website, I don't think computer-generated information is a real substitute for the actual signed receipt. Better safe than sorry... spend an extra $2.15 and get the green card.
Regarding return receipts: I still use them. They have the new
Regarding return receipts: I still use them. They have the new electronic return receipt, but I prefer to have the original in hand.
Recording Calls: I would not put that statement in a cease and desist letter. Instead, if you must get consent or at lease inform them that you are recording in your state, tell them you are recording the call when you answer the phone and that they have the choice to hang up or keep talking. Either way, you now have evidence they called after receiving a cease and desist letter.
That said, you should get legal advice from a lawyer in your state. Wouldn't want to see you commit a criminal violation.
Having the statement about recording all calls with them in a le
Having the statement about recording all calls with them in a letter definitely will NOT work. You must verbally make the statement at the beginning of EACH phone call with them, and many state laws also require that you actually ask their permission each time and have their acceptance also included on the tape.
