Record Calls with Creditors?

[OIlsooner]

Anyone ever tried recording calls with thier creditors?  If you strike up a deal to pay something off, and are wanting to get something in return (say a PFD), I thihnk recording that transaction would be equivalent to getting it "in writing."

I'm actually thinking of giving this a shot to see how the creditor responds when I ask them if I have permission to record the call.

[Anonymous]

Hi Ollsooner,

Glad you're here!

Regarding your question: Meh.  You really have to watch the legalities here.  In some states it's illegal to record conversations unless both parties are aware of it; in my state it's legal if one party is aware of it.  I'm not altogether sure what you would do with a recording even if you had it.

[Anonymous]

In almost all states it is illegal to do that.  so you have to inform them just like they inform you that the call is being recorded.. and after that they will normally hang up and not even deal with you.

[Anonymous]

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@Anonymous wrote:

In almost all states it is illegal to do that.  so you have to inform them just like they inform you that the call is being recorded.. and after that they will normally hang up and not even deal with you.

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Not true.  Few would find 12 out of 50 to be "almost all states".

[Anonymous]

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@OIlsooner wrote:

Anyone ever tried recording calls with thier creditors?  If you strike up a deal to pay something off, and are wanting to get something in return (say a PFD), I thihnk recording that transaction would be equivalent to getting it "in writing."

I'm actually thinking of giving this a shot to see how the creditor responds when I ask them if I have permission to record the call.

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For the purposes you describe, I would not inform the creditor the call was being recorded unless, perhaps, legally required (more on that in a minute).  Most creditors would probably hang up on you if you informed them the call was being recorded and then you would have no deal to worry about.

Only about a dozen states require two-party consent for recording.  Federal law, where applicable, requires only one-party consent.  Unless you or the person you ultimately are speaking with resides in one of the 12 states, you can record at will.  If only the creditor is located in a two-party state, it may, although technically illegal, be safe to record since (a) prosecution in a case such as you mentioned would probably be an extremely low priority for any district attorney and (b) it would be unlikely a creditor would want to go through the time, expense and hassle of being party to any legal action.  Still, there is some risk.

If you reside in a two-party state, the risk is considerably higher and if you both reside in a two-party state, I would probably forget the whole idea.   

[JM-AM]

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@Anonymous wrote:

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@OIlsooner wrote:

Anyone ever tried recording calls with thier creditors?  If you strike up a deal to pay something off, and are wanting to get something in return (say a PFD), I thihnk recording that transaction would be equivalent to getting it "in writing."

I'm actually thinking of giving this a shot to see how the creditor responds when I ask them if I have permission to record the call.

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For the purposes you describe, I would not inform the creditor the call was being recorded unless, perhaps, legally required (more on that in a minute).  Most creditors would probably hang up on you if you informed them the call was being recorded and then you would have no deal to worry about.

Only about a dozen states require two-party consent for recording.  Federal law, where applicable, requires only one-party consent.  Unless you or the person you ultimately are speaking with resides in one of the 12 states, you can record at will.  If only the creditor is located in a two-party state, it may, although technically illegal, be safe to record since (a) prosecution in a case such as you mentioned would probably be an extremely low priority for any district attorney and (b) it would be unlikely a creditor would want to go through the time, expense and hassle of being party to any legal action.  Still, there is some risk.

If you reside in a two-party state, the risk is considerably higher and if you both reside in a two-party state, I would probably forget the whole idea.   

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+1

Understand the laws of your state and the state of the creditor/lender.