I party phone call recording

[fatherof3]

I know its on this site somewhere. I can't seem to be able to find out if i am allowed to record a phone call without the other persons consent.

Thanks for the help in advance.

[NYMatt]

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=227994

[fatherof3]

Thanks!!!

[Amerikaner83]

nope - not in this state.

I had a similar question on debtorboards, here's the answer I got form someone, citing the RCWs applicable for WA. It was in response to a line in my DV that states all calls are recorded:

Also, bear in mind that Washington law requires you to say in the recording that the call is recorded. Or at least one of the parties needs to and permission is granted by lack of objection from the other party. There are exceptions to the two party rule, but prior written notification is not one of them, in fact conducting recordings on the basis you propose will get them thrown out or barred as evidence by a good attorney, and a true schmuck could even pursue criminal charges against you (here in Washington it is a misdemeanor to record with out expressly granted permission unless it meets one of the few exceptions.) Here is the authority you should be using to protect the integrity of your recordings as evidence as well as CYA criminally;

RCW 9.73.030 (2) (, which states:

RCW 9.73.030

Intercepting, recording, or divulging private communication — Consent required — Exceptions.

(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:

(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;

( Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation.

(2) Notwithstanding subsection (1) of this section, wire communications or conversations (a) of an emergency nature, such as the reporting of a fire, medical emergency, crime, or disaster, or ( which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands, or © which occur anonymously or repeatedly or at an extremely inconvenient hour, or (d) which relate to communications by a hostage holder or barricaded person as defined in RCW 70.85.100, whether or not conversation ensues, may be recorded with the consent of one party to the conversation.

(3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.

(4) An employee of any regularly published newspaper, magazine, wire service, radio station, or television station acting in the course of bona fide news gathering duties on a full-time or contractual or part-time basis, shall be deemed to have consent to record and divulge communications or conversations otherwise prohibited by this chapter if the consent is expressly given or if the recording or transmitting device is readily apparent or obvious to the speakers. Withdrawal of the consent after the communication has been made shall not prohibit any such employee of a newspaper, magazine, wire service, or radio or television station from divulging the communication or conversation.

I hope this helps. As you can see, you never need to notify the other party if unlawful requests or demands are made, and debt collection by its nature is a request or demand, and if any violations of law have occurred VOILA, there you have an unlawful request or demand and are therefore lawfully entitled to record without the other parties permission. Bear in mind that come court time you will be able to refer to this statute as your authority and since you are in court over an "unlawful request or demand", and the recorded call is evidence of such, it will be admissible.

[TTigggers]

WOW Interesting read Amerikaner

[Amerikaner83]

yes...yes it was. But I still have that "i record" in my DV for precisely that reason: illegal demands:p

[TTigggers]

Anyway you look at it they seem to call a lot less after they receive that letter.

At least From my experience.

[Amerikaner83]

yes very true.

[TTigggers]

We have to put a little scare in them.

Last time I told a CA I was recording the call he stuttered and said "not me" and hung up. LOL

[Amerikaner83]

That's great!