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When a JDB calls sometimes they will ask for you by first name, then press you like is this Mrs - then when you say whos calling, they dont say, they just say is this Mrs.??  

Then I have said I dont know who you are  (never tell them my name), then they say the name of the company, and then say this call is being recorded.

Is it legal to record the call before you even get a chance to say- Do not call this phone again. Can you ask that the call not be recorded- is it legal for me to say I am going to record this conversation too?.

 

How do you record a cell phone conversation anyway ?

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Is it legal to record the call before you even get a chance to say- Do not call this phone again.

 

Yes.  Verbally saying do not call does not have the weight of sending a cease and desist letter.

 

Can you ask that the call not be recorded- is it legal for me to say I am going to record this conversation too?.

 

You can ask but they do not have to oblige.  By continuing the conversation  you are consenting.  Yes, you can tell them you are recording the conversation as well.

 

How do you record a cell phone conversation anyway ?

 

There are apps you can buy and download or you keep a hand held recorder nearby and use that and speaker phone.

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There are both federal and state laws that govern who can - and who cannot record phone conversations. In eleven states (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington) the law is a two party consent law. If you don't wish to be recorded and the caller starts off the call by saying this call may be recorded, you have the right to say that you do not give consent to be recorded.  When I get similar calls in Florida, which is also a two party consent state, I always say "I do not give consent for this call to be recorded pursuant to Florida law." Most of the time, they hang up. Sometimes they mumble okay, and still try to proceed with the call. At that point I remind them if they are recording after I have not provided my consent, they are committing a felony and I will press charges. That is typically enough warning that I never hear from them again. If you want to record them, remember, you have to abide by the same rules.  In some cases you may want to record their nonsense, and they may be willing to be recorded.  

 

Most states and federal law provide for one party consent. In those states, as long as one party gives consent, the call can be recorded. Where it gets murky is, can the one party giving consent be the party recording, without telling the other party?  Many believe this okay. I go by the rule of two party consent, but interested to hear what other have to say on the states with one party consent.

 

Check this article and the link to various state laws:    http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations

 

http://www.dmlp.org/legal-guide/state-law-recording

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Hanging up works, to an extent. But they'll call back.

 

Even if you are in a two party state, if they tell you that they are recording, you are NOT obligated to tell them that you are, too. They have just let you know that they are OK with the call being recorded, of course.

 

OTOH, one of the best ways to get them off the phone and to stop calling is to let them know that you, yourself, are recording. It's daunting to use the bully techniques that collectors use when they know that every word can be used against them.

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