Recording phone calls with PDL's

Do you know that phone call recordings of collection agencies can be done in case you want to push a case on one of the fdcpa violations? Creditors don't have to follow the FDCPA, so recording may not sound that helpful if you are planning to do something legal.

Here is a link which will give you each state's law concerning recording phone calls, in OH you can record without the permission of the other party, in MI if you do this you could be charged with a felony. You can check your state's law here (http://rcfp.org/taping/)

Sounds like you already know you can record your calls without the other party's permission. I say go for it, if your state laws allow this then you can use it as evidence if they are violating laws themselves. Go for it.

back in the spring I told a couple of the PDL companies that I was recording them and they hung up on me, IMAGINE THAT!

If I remember correctly, doesn't this site have a feature which will allow you to record calls? I could be wrong, correct me please if I am.

My worry is that since the phone call crosses state lines that federal law applies. The law states that when a phone call crosses state lines, whatever the stricter law is applies. Federal is stricter, so I'm thinking I may have to mention I'm recording.

So do you think their disclaimer of recording would work for my recording? It is/would be on the tape.

Yes, it does, and that is what I'm using. It's free, you don't need any hardware, and it's very simple to use! I'd recommend it to anyone!

Not to say that I've been using it and not telling people, I've been assuming their disclaimer would work, but after thinking about it I'm not too sure.

I know in OH if the person calls you and they are in another state, then they crossed state lines when they contacted you, therefor, you are legally allowed to record, they entered your state via the phone law, your state's laws apply.

So if I'm calling them, and they are a one party state, I'm okay?

This should answer your question about calling them and recording : (http://rcfp.org/taping)

Steelers, go here http://www.debtconsolidationcare.com/record/ and

http://www.debtconsolidationcare.com/phone/index.html for knowing how to record the phone calls through Debtcc phone system.

goudah2424, I am still wondering whose phone calls you are recording. Is it a creditor or a collection agency?

Internet PDL's . . . . When I talk to them on the phone they threaten me with everything from fraud charges to waiting outside my work to beat me up. Unfortunatly, I haven't got that on tape yet, but I do have them breaking several laws . . . .

Thanks Buildingwealth! :D

Interesting Steelers1 . . . . So it seems that since I'm calling a state with the same law (one party consent) that I should be okay? I just have a feeling that should these tapes ever need to be used the company I'm dealing with, which is vicious, would try to get me charged with a crime.

You should be ok. Especially if they are calling YOU, they are crossing into your jurisdiction. They are already breaking so many laws it isn't even funny anymore. Which state are you in? I will find the article and repost the link where a collector received a jail sentence for such collection tactics, it is a felony, and they are charged with extortion. Maybe you should paste and copy the article and send in your settlement letter to the pdl.

Pleasure is mine, Steelers :)

Aah goudah2424, it's a lender, not a collection agency. They will say they don't have to follow the fdcpa regarding the number of calls they do in a day. However, if they are doing verbal abuse and harassment, you can get a civil case with your attorney

Here's the link to the article, even though they are the original creditor, it is illegal for them to make false threats in order to collect a debt: (http://www.collectionindustrylive.com/news_extortion)

I live in oregon, and when they call me I get their name and call them right back so I can record. Since they technically aren't a collector, they are a pdl, then don't different laws apply?

I've already got my state pdl regulators looking into them. They are operating without a license here and the govenor has made pdl's one of main concerns. New laws will be going into effect in June 2007, but now there aren't any laws on the amount of interest you are allowed to charge.

Yeah, collection agencies have stricter laws . . . . And in that article they had an ex employee that could prove a pattern of extortion.

I don't believe it matters whether it is a collector, a creditor, or an average citizen. You are being threatened, record them.

At worst, it wouldn't be allowed in evidence in a trial, but I think due to your state's law regarding this, it would be allowed.

You know, know that I think about it . . . . I do have a stalker that is seriously threating my life. I have a stalking order against him and he just got out again on stalking charges relating to his crimes against me. I'm thinking that gives me enough "cause" in the eyes of the court, to say that I'm recording all of my calls, in case he calls. Because it's not like I can ask him to hold his treats while I hit record . . . . So maybe I do have a legally valid reason to record without second party consent! Thanks Steelers1, I hadn't even thought about it from that angle. I've been to court so many times because of him that any judge could look at the history and see that I have a very valid reason for recording . . . . Right?

I think you are more than justified goudah. I'm so sorry to hear that you are going through such a horrible time with a stalker, I can not imagine the fear you must feel.

It sucks, and the PDL's are just adding to the stress . . . . That's how I got into them, I had to move and change jobs 4 time in the last year . . .