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Phone Calls & Violations


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If your going to use phone call violations here is some helpful info

always stay calm if you get a call, ask things like what will happen if I dont pay? Can I go to Jail? can you mail me something that shows I owe you X,

ask for the persons 1st and last name, If I call you back who do I ask for? Is there a direct number for you? a extention? DO NOT MENTION FDCPA, you need to "play" dumb, let them to violate on record

Have a professional Transcribe all the calls( recordings) along with a affidavted/ noterized statement, all the better to use someone who does court/ legal recordings, have them copy the voice calls ( 3 copies) to one "master recording" keep originals safe

you can file this copy with your AG office with your complaint

Gives the AG clear proof of the violation(s), no he said she said..

or BBB ect.

you can use this is in court along with the actual recording(s)to back up any couterclaims ect.

if they called a 3rd party , you Must get a release from them to have the phone record. along with a signed affidavted.

also make sure you transfer voice mail calls/ messages asap, your phone may have a time limit on stored messages

watch a atty Cr*p, when you show them this,

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Be careful.

In many states you must have the permission of the other party to a call for the recording to be "legal" or admissible as evidence.

Once you start asking permission to record they will most likely hang up, or will at least be on their guard.

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Be careful.

In many states you must have the permission of the other party to a call for the recording to be "legal" or admissible as evidence.

Once you start asking permission to record they will most likely hang up, or will at least be on their guard.

Normally they will advise you that all calls may be recorded blah blah that is enough for consent. You do not need to repeat it. These people are pretty good at shooting themselves in the foot. For some strange reason the failed burger flippers seem to think tape recording scares people :dunno:

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Do you have something other then your assertion, that their recording for themselves, constitutes their permission for you to record as well?

Well think about it logically. How do you think a court would react to a statement along the lines of "I can tape this call but I am not giving my permission for it to be taped"? :dunno:

If they are not giving their consent then they cannot tape a call in a two party state by law. It is illogical for them to argue that they have not given their consent. To do so would be an admission that they broke the law by taping it.

Unless both the caller and the called party are in the same state ( in which case only that state's law would apply) then an interstate call actually implicates three bodies of law, federal law, the law of the calling-party's state, and the law of the called- party's state. Each law must be obeyed.

The federal statute covering the interception and disclosure of wire communications is codified at 18 U.S.C. § 2511. The statute is the blueprint for many of the state statutes in this area of the law.

It requires one-party consent and states it is not unlawful "for a person not acting under the color of state law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortuous act in violation of the Constitution or laws of the United States or of any state." 18 U.S.C. §2511(d).

In PA for example the law that deals with this is 18 Pa. Cons. Stat Ann. §5704(4)

It is unlawful to intercept a telephone conversation unless all parties to the conversation give prior consent to the interception.

The case law is;

Accord Commonwealth v. McCoy 275 A. 2d 28, 30 (Pa. 1971);

Commonwealth v. Jung, 531 A.2d 498, 502-04 (Pa. Super. Ct. 1987).

Once they read you the warning they are de facto giving their consent to the call being recorded.

In your own state, it is a violation of privacy in communications to record a conversation "without the knowledge of all parties to the conversation."

But, Montana case law indicates, at least in a criminal setting, that recording a telephone conversation when one of the participants consents is permissible.

State v. Coleman , 616 P.2d 1090, 1096 (Mont. 1980).

State v. Brown 755 P.2d 1364, 1368 (Mont. 1988);

State v. Cannon, 687 P .2d 705, 708 (Mont. 1984).

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