Questions about recording calls

If they don't care that you're recording and still say improper stuff, then you've got evidence against them to sue them for violating the Fair Debt Collections Act.

One party consent usually means - as long as one party to the conversation, that being you, consents to the call being recorded, then you can record without getting the permission or even telling the debt collector that you are recording. Good luck.

How can you find out if you live in a "one party" state? OR what the recording laws are in your state..

I found this site, looks like someone has been doing some research.
www.rcfp.org/taping/states.html

You can also check your penal code or criminal statutes pertaining to recording telephone calls.

Found this too - http://www.callcorder.com/phone-recording-law-america.htm

And this brings up another question. Since I do live in a one party state, how would I know when I record, what state the other party is in or is it okay to record them since I am in the one party state? It seems kinda confusing. If the other party is in a 2 party state and you aren't aware of it from your 1 party state . . . am I breaking the law?

Now, I've even confused myself! LOL! :rolleyes:

Some debt collectors will claim you break the law if they are in a two party consent state, but I have recorded a few from a one party consent state and nothing has ever happened. I think you can only be subject to federal law and the state law of the state you are in at the tie you do something. If you are not in a two party consent state then how could you be subject to their laws? In the end, I don't think it will matter. In my situation, when a debt collector breaks the collection laws in Texas, they are committing a criminal act, so I guess they would rather settle my claims than argue about the legalities of a one party consent state. The way I see it, they can't send the police from their state to arrest me in Texas, and Texas police won't arrest me for doing what is legal here, so I'm going to do it.

You are from Texas? Great! You should post some of these tactics you were talking about! I would love to talk Texas law with another Texan!!

Oh BTW I believe that as long as you are in a one party state you can record the calls even of a two party state because you are making/taking the call, you are a resident of that state and subject to that state's laws...since you can't be sued in that other state, it would go by your own states laws.

Quote:

Goldenblast - yeah, I'm in Texas. I've been through it all from id theft, losing job, 1, and getting sued. I've learned a lot about Texas law through it all, but I've also learned that sometimes the law depends on the judge. I have a lot of tactics for dealing with creditors and debt collectors. Some I learned here from reading these posts for months before joining in. I hope I can offer some useful advice from time to time.

Yeah, I have dealt with it as well, including a company who started to come to my DOOR to harass me about a payment....I called the cops on them and got them issued trespass warnings.

Were you able to win the case where you got sued? That is one I have not done yet...I have never been sued and I am curious. I have however sued a debt collector using Texas laws and won.

Sorry I didn't reply for a few days. I have won more than one collection lawsuit filed against me. My lawyer told me they usually don't have the evidence to win, and he was right. I have also sued debt collectors and won. I've been through so much, I still get harassed on debts that aren't mine. I don't worry as much about it now that I know my rights. I just gather the evidence of illegal collection and get my attorney to go after them.