legal question

[TechBoyJK]

I am attempting to settle a debt with a debt collector. Considering they state that phone call may be recorded for quality assurances, does this also give me the right to record the phone call? In illinois it is illegal to record a phone call unless both parties agree, and I would understand that there statement is their agreement...

The thing is, I recorded a conversation and captured them threating actions that are illegal under the Fair Debt Collection Practices Act (FDCPA).

I'm not going to get into what they said or did, but I'm just wondering if I threaten to sue them can I use the phone calls as evidence or not...

 

[pnad]

Dub in something at the beginning of the tape...
"I am recording this conversation"

 

[George P Burdell]

Originally posted by: pnad
Dub in something at the beginning of the tape...
"I am recording this conversation"

That would absolutely work, because not one American has seen CSI

 

[Homerboy]

I'm interested more in what FDCPA rules they broke (I work at collection agency/firm)
As far as recording I don't know the legality of it specifically for Illinois. You'd have to contact a Illinois attorney.

Edit: we actually had a defendant/debtor record a OTA here the other day claiming "we were rude and did unlawful things". I listen to the recording... was classic. EVERYTHING by the numbers.

 

[TechBoyJK]

the bitch got hostile and threatened to garnish my wages and take any property i have.

 

[spacejamz]

Originally posted by: Homerboy
Edit: we actually had a defendant/debtor record a OTA here the other day claiming "we were rude and did unlawful things". I listen to the recording... was classic. EVERYTHING by the numbers.

But industry wide, was that an exception or is that the norm???

There have been many horror stories about some of those collectors and the tactics they use...

 

[tw1164]

After watching 14yrs of law and order....

With their announcement that the call maybe recorded, I don't think there was any expectations for privacy.

 

[TechBoyJK]

Originally posted by: tw1164
After watching 14yrs of law and order....

With their announcement that the call maybe recorded, I don't think there was any expectations for privacy.

In Illinois, where I am, both parties have to consent. In Georgia, where they are, only one party has to consent. As you state, the fact that they announced the call will be recorded should pretty much be my right to record the call as well.

 

[smack Down]

Originally posted by: TechBoyJK

Originally posted by: tw1164
After watching 14yrs of law and order....

With their announcement that the call maybe recorded, I don't think there was any expectations for privacy.

In Illinois, where I am, both parties have to consent. In Georgia, where they are, only one party has to consent. As you state, the fact that they announced the call will be recorded should pretty much be my right to record the call as well.

They say "this call may be recorded for ..." you are just taking them up on there offer to allow you to record the call.

 

[shocksyde]

YOU NEED TO STAY OFF THE PHONE!!!!!

Go to creditboards.com and looks for the plethora of letters they have to send to collection agencies. Do EVERYTHING in writing, never talk on the phone to them!!! You need to keep a paper trail.

 

[jupiter57]

Pay the bill.
Problem solved.
Question moot.

 

[Double Trouble]

Originally posted by: shocksyde
YOU NEED TO STAY OFF THE PHONE!!!!!

Go to creditboards.com and looks for the plethora of letters they have to send to collection agencies. Do EVERYTHING in writing, never talk on the phone to them!!! You need to keep a paper trail.

Exactly. Basically, the next time they call, tell them to send you everything in writing and that you do not wish to be further contacted by phone. Follow that up with a certified letter telling them you only wish to be contacted by mail. If they then proceed to call you again, you can sue them in small claims court for FDCPA violations.

It's simply not worth talking to them on the phone -- ever. They will lie and say anything needed to get you to do something, and without anything in writing you will have no recourse. In writing is the only way to communicate with them.

 

[CptObvious]

nvm, sorry

 

[mugs]

Originally posted by: jupiter57
Pay the bill.
Problem solved.
Question moot.

Wait - are you saying someone should take responsibility for their own debts? :Q

(assuming the collection agency doesn't have the OP confused with someone else)

 

[dartworth]

STAY OFF THE PHONE...

follow tagej's advice and refer to the forums @ creditboards.com

 

[Double Trouble]

Originally posted by: mugs

Originally posted by: jupiter57
Pay the bill.
Problem solved.
Question moot.

Wait - are you saying someone should take responsibility for their own debts? :Q

(assuming the collection agency doesn't have the OP confused with someone else)

Sheesh. What a stpud way of looking at it. Regardless of the debt, you should still be aware of your legal obligations and rights. There might be other factors such as, has the statute of limitations run out on the debt? (in that case you tell them to take a hike), is the collector even properly assigned to collect the debt? Are they registered as a collector in your state? etc etc. It's not a simple issue of "just pay them".

 

[Looney]

Actually, in most states and provinces (for Canada), only one party has to consent to the recording (ie you).
http://www.callcorder.com/phone-recording-law-america.htm

 

[mugs]

Originally posted by: tagej

Originally posted by: mugs

Originally posted by: jupiter57
Pay the bill.
Problem solved.
Question moot.

Wait - are you saying someone should take responsibility for their own debts? :Q

(assuming the collection agency doesn't have the OP confused with someone else)

Sheesh. What a stpud way of looking at it. Regardless of the debt, you should still be aware of your legal obligations and rights. There might be other factors such as, has the statute of limitations run out on the debt? (in that case you tell them to take a hike), is the collector even properly assigned to collect the debt? Are they registered as a collector in your state? etc etc. It's not a simple issue of "just pay them".

See, that's the attitude that the scumbags over at creditboards.com have. They try to get out of paying their debts. Knowing your rights under the law is great and all, but if you paid what you owe you wouldn't have to deal with debt collectors at all.

 

[BigJ]

Originally posted by: mugs

Originally posted by: tagej

Originally posted by: mugs

Originally posted by: jupiter57
Pay the bill.
Problem solved.
Question moot.

Wait - are you saying someone should take responsibility for their own debts? :Q

(assuming the collection agency doesn't have the OP confused with someone else)

Sheesh. What a stpud way of looking at it. Regardless of the debt, you should still be aware of your legal obligations and rights. There might be other factors such as, has the statute of limitations run out on the debt? (in that case you tell them to take a hike), is the collector even properly assigned to collect the debt? Are they registered as a collector in your state? etc etc. It's not a simple issue of "just pay them".

See, that's the attitude that the scumbags over at creditboards.com have. They try to get out of paying their debts. Knowing your rights under the law is great and all, but if you paid what you owe you wouldn't have to deal with debt collectors at all.

You make some good points.

I'm not looking down on anyone who decides to use the information on creditboards.com to their advantage. Good for you, you beat the system using the rules established.

I do look down on people trying to call a spade anything but a spade, and in the case of debt collection those that try to morally justify their careless spending and debt accumulation, and then look at it as some big win for mankind when they use the legal system to their advantage. No, that's not what you did. You used the system to completely shirk your responsibility of repaying a debt you willingly incurred (and please, don't give me the sob story about how they lost their job, or someone was in the hospital, etc. I'm not talking about those people.)

The funny thing is people like that probably find lawyers reprehensible, when they're doing the same exact thing.

 

[Jeraden]

I think its reasonable to intepret "This call may be recorded for quality assurance" as meaning just that, the call may be recorded. It doesn't say "This call may be recorded by us only...". Its a blanket statement saying it may be recorded, which seems to give you implicit permission to record it.

 

[TraumaRN]

Originally posted by: mugs

Originally posted by: tagej

Originally posted by: mugs

Originally posted by: jupiter57
Pay the bill.
Problem solved.
Question moot.

Wait - are you saying someone should take responsibility for their own debts? :Q

(assuming the collection agency doesn't have the OP confused with someone else)

Sheesh. What a stpud way of looking at it. Regardless of the debt, you should still be aware of your legal obligations and rights. There might be other factors such as, has the statute of limitations run out on the debt? (in that case you tell them to take a hike), is the collector even properly assigned to collect the debt? Are they registered as a collector in your state? etc etc. It's not a simple issue of "just pay them".

See, that's the attitude that the scumbags over at creditboards.com have. They try to get out of paying their debts. Knowing your rights under the law is great and all, but if you paid what you owe you wouldn't have to deal with debt collectors at all.

Thats true but not all of us debtors are scumbags...I keep getting harassed by debt collectors because of a hospital bill that we are legally fighting the insurance company over...problem is me and my dad have the same name and since the hospital treated me...I'm getting the phone calls instead of my father(I'm under his insurance til the end of this year) We had to get our family lawyer after the collections agency because they were making harassing phone calls to me at all hours of the day(as in like 8-10 calls a day) because they refused to believe that I wasn't the person to call and refused to believe we were legally fighting the bill. *shrug* They backed off now...

Sorry to thread jack but seriously consult an attorney first before recording...

 

[Turin39789]

Originally posted by: mugs

Originally posted by: tagej

Originally posted by: mugs

Originally posted by: jupiter57
Pay the bill.
Problem solved.
Question moot.

Wait - are you saying someone should take responsibility for their own debts? :Q

(assuming the collection agency doesn't have the OP confused with someone else)

Sheesh. What a stpud way of looking at it. Regardless of the debt, you should still be aware of your legal obligations and rights. There might be other factors such as, has the statute of limitations run out on the debt? (in that case you tell them to take a hike), is the collector even properly assigned to collect the debt? Are they registered as a collector in your state? etc etc. It's not a simple issue of "just pay them".

See, that's the attitude that the scumbags over at creditboards.com have. They try to get out of paying their debts. Knowing your rights under the law is great and all, but if you paid what you owe you wouldn't have to deal with debt collectors at all.

A lot of times it happens after predatory lending, when the initial balance has been paid and then some, but hidden fees and rate changes escalate the debt into a lifelong situation.
Or it could be the creditor that came after me a few years ago, because I signed up for a magazine, changed my mind and never paid the bill, and never recieved a magazine. But when the magazine company goes bust a junk credit company bought the so called "debt" and pursued it. Thankfully I knew my rights.

 

[BigJ]

Originally posted by: DeathBUA

Originally posted by: mugs

Originally posted by: tagej

Originally posted by: mugs

Originally posted by: jupiter57
Pay the bill.
Problem solved.
Question moot.

Wait - are you saying someone should take responsibility for their own debts? :Q

(assuming the collection agency doesn't have the OP confused with someone else)

Sheesh. What a stpud way of looking at it. Regardless of the debt, you should still be aware of your legal obligations and rights. There might be other factors such as, has the statute of limitations run out on the debt? (in that case you tell them to take a hike), is the collector even properly assigned to collect the debt? Are they registered as a collector in your state? etc etc. It's not a simple issue of "just pay them".

See, that's the attitude that the scumbags over at creditboards.com have. They try to get out of paying their debts. Knowing your rights under the law is great and all, but if you paid what you owe you wouldn't have to deal with debt collectors at all.

Thats true but not all of us debtors are scumbags...I keep getting harassed by debt collectors because of a hospital bill that we are legally fighting the insurance company over...problem is me and my dad have the same name and since the hospital treated me...I'm getting the phone calls instead of my father(I'm under his insurance til the end of this year) We had to get our family lawyer after the collections agency because they were making harassing phone calls to me at all hours of the day(as in like 8-10 calls a day) because they refused to believe that I wasn't the person to call and refused to believe we were legally fighting the bill. *shrug* They backed off now...

Sorry to thread jack but seriously consult an attorney first before recording...

I completely understand your situation, and I bet mugs does too. If you've ever visited creditboards.com, you'll understand the type of people he's really talking about. They're proud to have purposely accumulated debt, with full intentions to never pay a dime back from the outset. And they're even more proud to use the system to not pay a dime back.

 

[TechBoyJK]

Originally posted by: BigJ

Originally posted by: DeathBUA

Originally posted by: mugs

Originally posted by: tagej

Originally posted by: mugs

Originally posted by: jupiter57
Pay the bill.
Problem solved.
Question moot.

Wait - are you saying someone should take responsibility for their own debts? :Q

(assuming the collection agency doesn't have the OP confused with someone else)

Sheesh. What a stpud way of looking at it. Regardless of the debt, you should still be aware of your legal obligations and rights. There might be other factors such as, has the statute of limitations run out on the debt? (in that case you tell them to take a hike), is the collector even properly assigned to collect the debt? Are they registered as a collector in your state? etc etc. It's not a simple issue of "just pay them".

See, that's the attitude that the scumbags over at creditboards.com have. They try to get out of paying their debts. Knowing your rights under the law is great and all, but if you paid what you owe you wouldn't have to deal with debt collectors at all.

Thats true but not all of us debtors are scumbags...I keep getting harassed by debt collectors because of a hospital bill that we are legally fighting the insurance company over...problem is me and my dad have the same name and since the hospital treated me...I'm getting the phone calls instead of my father(I'm under his insurance til the end of this year) We had to get our family lawyer after the collections agency because they were making harassing phone calls to me at all hours of the day(as in like 8-10 calls a day) because they refused to believe that I wasn't the person to call and refused to believe we were legally fighting the bill. *shrug* They backed off now...

Sorry to thread jack but seriously consult an attorney first before recording...

I completely understand your situation, and I bet mugs does too. If you've ever visited creditboards.com, you'll understand the type of people he's really talking about. They're proud to have purposely accumulated debt, with full intentions to never pay a dime back from the outset. And they're even more proud to use the system to not pay a dime back.

im actually attempting to pay back $11,000 of a $12,500 debt. But they originally said $10,000 would be ok, then when I said get me the paperwork, it turned into $10,500, then $11,000, then $11,500... they keep twisting things and trying to get me to pay over the phone.

 

[BigJ]

Originally posted by: TechBoyJK

im actually attempting to pay back $11,000 of a $12,500 debt. But they originally said $10,000 would be ok, then when I said get me the paperwork, it turned into $10,500, then $11,000, then $11,500... they keep twisting things and trying to get me to pay over the phone.

Obviously you're not the type of person we're talking about

Some people, for whatever reasons can't pay back their debts. I don't look down on anyone for that, because I don't know your story. I could very well end up in the same scenario someday due to circumstances I can't control. I'm not judging you.

Like I said, the people I am judging are those people at creditboards.com that have an entitlement attitude and purposefully "defraud" the system. If you ever heard over there, it's very easy to see the type of person I'm talking about. It's an extremely small minority of all those that even have debt problems.