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Recording calls from collection agency


appletree
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I am in Texas.  Can I record a call from a collection agency from another state without having to tell them first?  I ask because I put one on hold today while I got the recorder ready and she started getting really upset and asked if I was recording it.  She stated I had to tell her fisrt because it was the law no matter where you lived.  So yeah I told her.  Didn't make a difference.  She went ahead and lied about everything so I have it all on record now anyway.  I was  polite and told her I would be sure to seek the advice of my legal representation concerning the call.  The debt is very old and about to drop off my credit anyway.  She actually said the only way to get it off my credit was to pay in full. 

 

I'm sending it all to an attorney I contacted. 

 

From what I can see it is perfectly legal for me to record calls in Texas.  If they are telling me it's being recorded I don't know why they object to me doing.  It's simply an extra copy. 

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depends on if your a one party or two party state.  google it.  If your a one party state, you do not have to disclose, if you are a 2 party state you do.

 

She misrepresented the debt if she told you the only way to get it off your record was to pay it in full.  it can be taken off by having the 7.5 year reporting peroid over.  and even if you did pay it in full, it wouldn't make it go away umless that was in the agreement, it would just be updated to settled.

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If a person or business from a 2-party state calls you and informs you that they are recording the call, if I'm not mistaken, you don't have to then inform them that you are recording because they've already consented to it by making their own recording.

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@TomnTex

 

 

Yes, you can record in TX without telling them and the SOL is four years. Sounds like you are past that and nearing the 7 to 7.5 years before it drops off your CR. Don't give them a dime or you restart the SOL and then you can be sued.

 

You don't have to tell them even if the other party is from a 2-party state?  I could see the reasoning, but for some reason, I thought the courts were divided on the issue.

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Back in the day when I was taking 5 or 10 calls a day from CAs, as soon as they identified themselves, I would say "okay, give me a second to get my recorder going....(pause)...Alright, now, what did you want to talk about?"  99% of the time, they would just start reading their script.

 

If they did notice what I said and then respond with "I didn't give my permission to record this", I would say, "then stop talking because my recorder is going".

 

(I never actually had a recorder).

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I do... AZ is a 1 party state. Any calls between states are generally subject to Federal law which is 1 party.

 

 

The only exception is CA (surprised?) that states that calls to and from CA require 2 party consent (although that hasn't really been tested in any court outside of CA to my knowledge).

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  • 2 weeks later...

Yes, you can record in TX without telling them and the SOL is four years. Sounds like you are past that and nearing the 7 to 7.5 years before it drops off your CR. Don't give them a dime or you restart the SOL and then you can be sued.

 

BV the way I understand it, is you never know if the call is local or long distance, and the way they spoof calls now days. No one nows if it's not local, as they try and make you think it is. The courts here have leaned more to the side of the one receiving the call. That may, or may not be  a local thing. You also cannot descern whether a 800, 877 or whatever other long distance prefix is in state or out of state. So, myself, I wouldn't worry about it.

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BV the way I understand it, is you never know if the call is local or long distance, and the way they spoof calls now days. No one nows if it's not local, as they try and make you think it is. The courts here have leaned more to the side of the one receiving the call. That may, or may not be  a local thing. You also cannot descern whether a 800, 877 or whatever other long distance prefix is in state or out of state. So, myself, I wouldn't worry about it.

This is the way I understand it also.  Not only that, if they, or you, take the matter to court, it would be here in Texas.  Judges here, for the most part, will not apply another state's laws.  It could conceivably come into play if you filed suit for violations and won a judgment, and then had to domesticate the judgment in their state in order to execute on it.  As a practical matter, this is highly unlikely since CAs that have assets are usually going to settle before this point, and those that don't are not going to show up in court anyway.

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I sent the recordings to my attorney.  SOL is past.  I have kept logs for calls on all my numbers, none of which I had with the original creditor.  All the calls I get are the automated kind where it takes a min before they actually come on the line.  They are not supposed to be calling my cell number either.  The last recorded call has the agent informing me the debt will affect my credit until it is paid in full no matter how much time passes and also that even though they can't sue me they will continue to call to update me on the status of the account until it is paid in full.  At this point I just want the calls to stop.  I should have taken action much earlier.  Oh I also have her saying the calls show up with different names or unknown because of my caller id and not their calling system. 

 

I have started forwarding my land line to my cell phone and not one call today.  I wonder if it's because my cell rejects unknown and/or private callers.  I should have thought of this sooner!

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You can also have the phone company to reject or make them show their number on your landline phone. Call your landline company for this.

I use AT&T for my landline.  They will charge an extra $6 a month if I add it.  I already increased my bill by adding call block.  The phone company is worse than any bill collector on the planet.  I've been going over all my bills since the beginning of the year and cutting back wherever I can.  I just can't afford to increase anything at the moment. 

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