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Recording a CA Caller Id's & phone messages for proof


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Hi I sent some DV letters to some CA and stated, I would also like to request, in writing, that your offices make no telephone contact to my home or to my place of employment and to keep everything in writing(Of course they keep calling) so I was wondering if anybody knows what would be the best phone or equipment to use for proof of continuous phone calls from a CA after you sent them a DV letter with cease phone calls.

What I'm looking to do is be able to record the true date/time stamp that they call (instead of the machine saying Monday, Tuesday etc) and to be able to record caller ID (recorded on tape), their phone message, and If I pick up the phone to be able record our conversation all on tape. ( I don't think the digital phones have the capacity)

Or can any of the Gurus that have nailed these guys on call harassment tell me how they went about it.

Or point me to some links

Thanks in advance

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Hi I sent some DV letters to some CA and stated, I would also like to request, in writing, that your offices make no telephone contact to my home or to my place of employment and to keep everything in writing(Of course they keep calling)

You can make such a request, but there is no provision within the FDCPA that requires them to honor it except as it relates to employment if your employer prohibits such calls. Unless there is something in your state law.

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JMHO! Report them to your telephone company for telephone harassment! You don't have to accept any calls from anyone! Just make sure you got your proof that you asked them not to call. The next step IMHO, would to correspond and point out the other calls you got with the dates and times and give them your last warning. Make sure you mail CMRRR and keep the green card and copy of your letter with the Certified Mail Number typed on the heading of your letter. That way there will be no way for them to pull wool over your eyes.

Remember, State and Federal laws make it a crime to place obscene or harassing pnone calls. The penalty is a fine and/or imprisonment.

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You can make such a request, but there is no provision within the FDCPA that requires them to honor it except as it relates to employment if your employer prohibits such calls. Unless there is something in your state law.

E. Normis - I don't know diddly squat compared to you and others on this board, but I am misunderstanding the above comment.

http://www.ftc.gov/os/2006/04/P0648042006FDCPAReport.pdf

Page 7 cites 805©, 15 U.S.C. 1692c© and states..

"The FDCPA requires debt collectors to cease all communications with a consumer about an alleged debt if the consumer communicates in writing that he wants all such communications to stop or that he refuses to pay the alleged debt. This "cease communication" notice does not prevent collectors or creditors from filing suit against the consumer, but it does stop collectors from calling the consumer or sending dunning notices. In 2005, 3.1% of FDCPA complaints, or 2,053 consumers, alleged that collectors ignored consumers' "cease communication" notices and continued their aggresive collection attempts, nearly unchanged from 2004."

Help me understand what I am missing?

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that your offices make no telephone contact to my home or to my place of employment and to keep everything in writing(Of course they keep calling) so I was wondering if anybody knows what would be the best phone or equipment to use for proof of continuous phone calls from a CA after you sent them a DV letter with cease phone calls.

Thanks in advance

sr28b, as you will note in the above statement, the OP is attempting to request that the CA only communicate in writing and not call.

The applicable section of the FDCPA, which you quoted states:

The FDCPA requires debt collectors to cease all communications with a consumer about an alleged debt if the consumer communicates in writing that he wants all such communications to stop

If you request a CA to cease communication, under the provisions of the FDCPA, they must cease all communications, including those in writing.

If you tell them to cease communication, but it's ok to write, you've created an ambiguous writing. In law, any ambiguity in a writing is decided against the author.

Some are under the belief that if, under 1692c(a)(1), you tell them it is always inconvenient for you to receive phone calls, therefore all communication must be in writing. I seriously doubt a judge would agree with such a labored interpretation.

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If you tell them to cease communication, but it's ok to write, you've created an ambiguous writing. In law, any ambiguity in a writing is decided against the author.

I suspect it's highly circumstance dependent.

If, for example, the writer was hard of hearing or deaf, I doubt the judge would have a problem with it.

FWIW, Merrick put me on a "no call" list after I wrote them exactly that, though.

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Notify your CA that calls are inconvenient for you at any time other than a single hour or half hour of the day. If they call you at any time other than the window you have specified, they have violated.

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

Be aware that severely curtailing the CA's ability to call you may result in the CA treating your request as a cease and desist and taking the next step against you in the collections process, which may be litigation.

As far as presenting this sort of evidence in court goes, you ask a good question.

I suppose you could buy a device like this for $150, but that may be a bit spendy for those fighting off CAs in the first place. Generally, keeping a collection log along with copies of any answering machine messages is standard procedure. (The 'collection log' link also has good advice from an attorney about recording calls.) I've read that some photograph their Caller ID displays as well. If you have the proper hardware, you may be able to use your modem and software like CallCorder.

If you're going to record telephone calls other than answering machine messages, you need to investigate your state's laws on the subject. You should also be aware that calling an out-of-state CA may subject you to their state's rules.

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Thanks Optimus,

Before I seen this I ordered a P3 International model# 5090 Telephone recorder. its supposed to be able to record in/out calls as well as storing the caller id on tape. Took it out of the box on Friday and of course it doesnt work LOL. (manufacture said it has a decoding problem grrrrr) So will try and exchange it and maybe give it one more shot. If that fails will try the PI

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