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A collection agency and my gf are in dispute concerning a PDF conversation. The CA claims that they did not agree to PFD and my gf wants to take legal action. However, she does not have any evidence to support her claims. Do CAs record and store phone calls? If so, how far back do they keep such records?
Yes, some do, and in states requiring notice of recording, will inform you as such.
If she brings civil action, she can request, as part of pre-trial discovery, copies of any recordings of the identified conversations.
@Anonymous wrote:A collection agency and my gf are in dispute concerning a PDF conversation. The CA claims that they did not agree to PFD and my gf wants to take legal action. However, she does not have any evidence to support her claims. Do CAs record and store phone calls? If so, how far back do they keep such records?
Easy way to find out - call them. If they have a recorded message saying something like "this call may be recorded (or monitored) for quality purposes" or something similar, then they record calls. I would think that they probably keep them for a minimum of 30 days.
I wonder the same of length of record keeping.
i have one CA who is stating the phone conversation we had was sufficient for dunning.
It was June 2014.
still fighting.
Should you get into litigation, the court might accept a memo for the record made on the date of the conversation that reduced the consumer's record of that agreement to a contemporaneous record. Contemporaneous records of agreements, while admitedly one-sided, may be admitted by the judge as having evidentiiary value.
I would "dig out" that dated and signed memo that was recorded on that date.....
Also what state are you in or maybe the collection agency? I know my company records all calls but we have to purge California calls after 30 days due to legal requirements.
We are in Texas. Collection Agency in Texas also.
@Wovenyarn wrote:Also what state are you in or maybe the collection agency? I know my company records all calls but we have to purge California calls after 30 days due to legal requirements.
Good to know. I'm a Californian.
apologies OP for hijack.