Debtconsolidationcare.com - the USA consumer forum

Recording Phone Conversations

Date: Thu, 11/03/2005 - 14:42

Submitted by Htgt123
on Thu, 11/03/2005 - 14:42

Posts: 156 Credits: [Donate]

Total Replies: 26


What is the best way to record phone conversations with collectors?


Hi Htgt123

Get a Radio Shack from the electronic store and attach it to your phone device.

Remember that 38 state laws allow recording phone calls. But if you are living in the following states, you will have to get permission from the other end also. Otherwise it will be a violation of the Federal law and you will have to face legal grounds. The states which require permission from both parties are
California, Connecticut, Delaware, Florida, Massachusetts, Maryland, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.

But in the remaining 38 states, you have the legal rights to record the calls.

When you get a call from the collector, you might be fairly interested in recording it. Depending upon the state where you live in, switch on the recorder and talk to the person on the other end. First inform him politely that he should stop all collection efforts as you have financial problems. If the person refuses to comply with your request, you can mention about the federal laws as stated in the fdcpa. You can also inform them that you intend to send a cease and desist letter so that the calls are stopped.

If by all means, they refuse to comply with your do not call request, inform them that you are recording the calls and wish to present it to your attorney. As the state that you are living is making this recording legal, you will be further interested in taking actions against them. Hopefully, this will put an end to all collection calls.


lrhall41

Submitted by ben on Thu, 11/03/2005 - 15:12

( Posts: 2034 | Credits: )


If the community is sufficiently interested debt consolidation care can provide this service as a free service for the community.
[more power to the people :) ]

It will work like this:
When the collector calls you, tell him that your phone number is 1877-663-3288 and you are on extension abcd

Now when the collector calls you at that number the call will be automatically forwarded to the landing number that you provide in your member area.

You can keep talking to the collector and the phone call will be recorded and will be available on the member area as a recorded mp3 file.

below the MP3 file we will allow you to take down notes. And during the phone call if you feel that you have been threatened or something illegal was done, then we can have the phone call as a evidence in a law suit that can be filed.

:twisted:


lrhall41

Submitted by Vikas on Thu, 11/03/2005 - 16:58

( Posts: 2019 | Credits: )


Quote:

Arizona

Arizona is a "one-party" state, ARS 13-3005.A(1)(2), and also permits a telephone "subscriber" (the person who orders the phone service and whose name is on the bill) to tape (intercept) calls without being a party to the conversation and without requiring any notification to any parties to the call, ARS 13-3012(5)(c).


lrhall41

Submitted by LCW on Thu, 11/03/2005 - 22:26

( Posts: 1151 | Credits: )


Quote:

hi Vikas, sounds like a great idea! How would someone go about setting this up??

We have started working on it. Once it is finished I will be able to give you the complete process for activating the service.

Quote:
would the extension then ring through to our regular phone??

It has two phases,
[list=1]
  • Creditor or CA (collection agency) calling DebtCC community member.
  • DebtCC community member calling a creditor or a CA.

    Let me explain phase by phase.
    Phase-1 : Creditor or CA (collection agency) calling DebtCC community member.

    [list=1]
  • Creditors or CAs know your number as
    1877-663-3288 (extn [DebtCC userid]) , which is again a toll-free one .
  • Creditor connects to 1877-663-3288 and hears a message ???Your conversation will be recorded???. Creditor then dials the extn.
  • Our Application will get the extn number and will check the Database for the member's phone number wrt to useid (which is same as extn number).
  • Application will then connect the line to user's phone number (the regular phone number provided by the user).
  • The call is connected.
  • A background process will record the complete conversation and will put it to the user's ???member section??? in mp3 format. This will be downloadable.
  • User or the caller (creditor or CA) can disconnect the line at anytime.


    Phase ??? 2: DebtCC community member calling a creditor or a CA.
    [list=1]
  • Member calls DebtCC toll free number 1877-663-3288 and then enters the extn (which is same as member's userid provided by DebtCC).
  • Member then dials the creditor or CA.
  • The creditor on their caller id will only see the toll free number of DebtCC and the extension number as the user id. This way the creditor will not be able to get the caller id
  • Again the conversation will get recorded in downloadable mp3 format.


    So both incoming and outgoing calls are getting recorded. We are open for suggestions and feedbacks.

    At community's service
    Vikas


  • lrhall41

    Submitted by Vikas on Thu, 11/03/2005 - 23:51

    ( Posts: 2019 | Credits: )


    The advantage of this application is that it is granting permission of both the parties in all the 50 states in the US.

    As mentioned in point 2 in the post of Vikas:
    Quote:

    Creditor connects to 1877-663-3288 and hears a message ???Your conversation will be recorded???. Creditor then dials the extn.


    This way, the creditors or collection agencies can't deny that they were not being informed about the call being recorded.


    lrhall41

    Submitted by roxette on Fri, 11/04/2005 - 10:03

    ( Posts: 4009 | Credits: )


    Most states allow for recording. In California both parties must consent, even when someone from out of state calls a California resident. This was ruled on last year in a complicated case in which a brokerage firm in Georgia was recording clients without telling them. In Georgia this is legal, but it was ruled that it was the same as if the firm were doing the business in California, so fell under California law.

    California Law Student


    lrhall41

    Submitted by on Tue, 04/03/2007 - 18:52

    ( Posts: | Credits: )


    Law Student: thanks for taking part in this forum. I sense a consumer advocate in the making.

    I think each state may deal with the recording laws differently. Usually judges will decide what the "right" outcome should be. Then they try to use the existing law to justify that outcome. For example, if a Georgia business is reaching into California to make money, they could be subject to the more stringent recording laws. However, in Texas, a debt collector contacting a Texas resident might be recorded by the Texas resident without knowing (one party consent).
    Sometimes you just don't know.

    And a thought on the best way to record. If it is a land line, RadioShack makes a basic recorder with a separate controller that will turn the recorder on only when the phone is of the hook. And it records great. Total cost is about $55.


    lrhall41

    Submitted by texaslawyer on Tue, 04/03/2007 - 20:17

    ( Posts: 258 | Credits: )


    Thank you texaslaywer. Yes I have always been interested in consumer issues. Maybe I'm wrong, but I feel too few attorneys are interested in such things as violations of the fdcpa, defective procucts, etc. I was interested in taking part in these forums as a part of my education, learning etc.
    Law Student
    San Francisco, California


    lrhall41

    Submitted by on Tue, 04/03/2007 - 21:40

    ( Posts: | Credits: )


    this is what I would like to do...webcam video myself talking on the phone with these clowns with my phone on speaker. I'm in Florida can someone tell me if I must inform? They are so outrageously stupid, I want to put it on my website so all can see that I am actually WANTING to pay the debt they just won't take anything but the full amount all at one time,which is not even correct. thanks all
    BTW you can use a cheap voice recorder and put your phone on speaker very easy and inexpensive way to record calls.


    lrhall41

    Submitted by on Sun, 05/03/2009 - 16:37

    ( Posts: | Credits: )