Clydesmom 1,268 Posted February 8 Report Share Posted February 8 1 hour ago, womanonfire said: Since most of these places record calls anyway, we are over the consent hurdle. NO you are not. I have this straight from several attorneys. Their having a recording stating THEY are recording the calls does NOT automatically confer permission for YOU to record them as well. Two party states REQUIRE you disclose that you are recording the call at the start of the conversation. Failure to disclose can not only render the transcript/recordings thrown out as evidence but potentially lead to Federal wire tapping charges. To date there hasn't been any criminal charges but that doesn't mean there will never be. Quote Link to post Share on other sites
womanonfire 6 Posted February 9 Report Share Posted February 9 13 hours ago, Clydesmom said: NO you are not. I have this straight from several attorneys. Their having a recording stating THEY are recording the calls does NOT automatically confer permission for YOU to record them as well. Two party states REQUIRE you disclose that you are recording the call at the start of the conversation. Failure to disclose can not only render the transcript/recordings thrown out as evidence but potentially lead to Federal wire tapping charges. To date there hasn't been any criminal charges but that doesn't mean there will never be. First of all, having information straight from attorneys is meaningless to me, especially since one can talk to three or more about the same situation and get three completely different answers. But here is what I do know and that they all will probably agree on; lawsuits are risky and discovery is expensive which is why 90% or more cases settle. I highly doubt the fed is going to be interested in anyone's debt collection lawsuit and a judge would likely find this laughable since almost all of these creditors state that the calls are being recorded. Quote Link to post Share on other sites
WhoCares1000 805 Posted February 9 Report Share Posted February 9 3 hours ago, womanonfire said: First of all, having information straight from attorneys is meaningless to me, especially since one can talk to three or more about the same situation and get three completely different answers. But here is what I do know and that they all will probably agree on; lawsuits are risky and discovery is expensive which is why 90% or more cases settle. I highly doubt the fed is going to be interested in anyone's debt collection lawsuit and a judge would likely find this laughable since almost all of these creditors state that the calls are being recorded. Why not tell them you are recording too. The worse that happens is that they do not agree and you end the call. If they try to state that they are in a one party state, at that point, you state that you can record then too since you are in a one party state too. As for federal charges, you may find yourself dealing with a JDB who is interested in scaring people from recording calls and will press charges and push the issue with the feds to do so. That is how the IRS works. Also, most cases settle because indeed lawsuits are risky and time consuming but also because the courts encourage settlement. Judges are measured by production which means getting cases to a resolution as quickly as possible. That is why most jump at the chance to move the case to private arbitration and off their docket. So, do yourself a favor and simply tell the collector that you are recording too. It is not that hard to do and most of the time, they will not care either (and if they do care, that means they were going to do something illegal anyways and you might as well not bother dealing with them). Quote Link to post Share on other sites
fisthardcheese 1,516 Posted February 12 Report Share Posted February 12 On 2/9/2021 at 9:04 AM, womanonfire said: First of all, having information straight from attorneys is meaningless to me, especially since one can talk to three or more about the same situation and get three completely different answers. But here is what I do know and that they all will probably agree on; lawsuits are risky and discovery is expensive which is why 90% or more cases settle. I highly doubt the fed is going to be interested in anyone's debt collection lawsuit and a judge would likely find this laughable since almost all of these creditors state that the calls are being recorded. After they state "this call may be recorded..." simply reply with "it definitely is". 1 Quote Link to post Share on other sites
womanonfire 6 Posted February 12 Report Share Posted February 12 56 minutes ago, fisthardcheese said: After they state "this call may be recorded..." simply reply with "it definitely is". That's golden lol! Synchrony has this in their agreement. I suspect it would be hard for them to complain about someone recording their calls. Quote Link to post Share on other sites
