NCO Phone Call Recording

[bulabula]

OMG! I called NCO and recorded this. I've never spoke to a CA before and in a way I'm shocked that they really are as bad as I've heard and read here on this forum!

Here's the call if you want to listen. http://clearlightproductions.com/phonecall.html

I was using the list of 18 questions I found somewhere around here.

Warning: there is profanity because I was purposefully speaking to him that way to see if he could keep his cool.

He violated several really big things that I see, but I'd love to know from an objective perspective what you heard.

Are suits for this federal or can I file in my local county court?

[willingtocope]

You don't indicate what state you're in now. Is it a one-party state? Is this recording legal? If not, you might want to delete it before it goes any further.

[cavazos007]

I would check if the recording is legal

[bulabula]

I live in Hawaii. They think I live in Wyoming.

My tenant is a cop and I just asked him and he said that the rule is "as long as one of the parties being recorded knows it, it's fine." There's only a law to prevent illegal tapping, but anybody can record anything that they are a part of, and we can be recorded by others if they are the ones doing the recording and we don't even have to tell each other of the recording.

[Optimus_SubPrime]

The recording said to call about a personal business matter and gave me an ID code.

If the voicemail you received did not mention the mini-Miranda ("This is an attempt to collect a debt, any information obtained will be used for that purpose..."), it's a violation of 1692e(11). (See Foti v. NCO Financial Systems Inc.) Hopefully you saved it.

If that voicemail was your initial communication from NCO, you should've received a written letter by now per 1692g(a). If you haven't, that would be another violation.

As for your call to him, I'm not sure that will be as productive for you as you hope. He doesn't directly insult or threaten you. He is unhelpful, but being unhelpful isn't illegal. There is a lot of confusion as you go from asking for their address to asking him to validate the debt over the phone. The fact that you are the sole user of profanity works against you here, as does the fact that the collector actually ceases collection by remaining silent at the end of your call. I'd have to listen to the call again to be sure, but given the time of the initial call to you and the Foti violation above, I'd say you have enough to pursue a case without trying to argue telephone violations.

You can file in small claims if you want, but I'd find a consumer attorney that will take your case on contingency, and let them do the work for you. In the end, you'll make them pay more, and get better representation. Save the phone call recording in case you need evidence for suffering emotional distress.